Dismissal

(1) The Head of Department may dismiss the worker and the worker may abandon service of the Department without giving notice and without any liability to make payment as provided in regulation 24 if there is good and sufficient cause for dismissal or abandonment of service. (2) Good and sufficient cause for dismissal without notice shall include dismissal– (a) when a worker is guilty of misconduct, whether in the course of his duties or not, inconsistent with the fulfilment of the expressed or implied conditions of his contract Belize Constitution 189 (b) for wilful disobedience to lawful orders given by a Head of Department; (c) for lack of skill which the worker expressly or by implication warrants himself to possess; (d) for habitual or substantial neglect of his duties; (e) for absence from work without permission of the Head of Department or without other reasonable excuse. (3) A worker dismissed for any of the abovementioned reasons is entitled to payment of wages due up to the time of his dismissal; the worker may in the first instance appeal to the Permanent Secretary of the Ministry in which he was working, and then if necessary, to the Labour Commissioner against dismissal for any of those reasons. In any such appeal the decision of the Labour Commissioner shall be final and the Head of Department shall comply with the ruling of the Labour Commissioner. In every appeal under this regulation, the Labour Commissioner shall give reasons for his decision. (4) A worker alleged to have committed a criminal offence of such nature that it may interfere with the safe and proper conduct of the work may be suspended from duty provided that the alleged offence is reported to the Police. Payment of wages may cease or be reduced during such suspension at the discretion of the Head of Department, provided that the worker shall have the right to be heard with a Legal or Union Representative if he so wishes. The worker may be dismissed without notice with effect from the date of suspension, only in the event of his being convicted of the offence. If he is not convicted of the offence he shall be paid full wages for the period of suspension without prejudice to the right of the Head 190 Belize Constitution of Department to give due notice of termination of his services at any time. (5) Where a worker is guilty of an act or omission which could warrant dismissal under subregulation (1) and (2) above, a Head of Department may in his own discretion, as an alternative to dismissal, suspend such worker as a disciplinary measure without any liability to pay wages during the period of suspension which shall not in any case exceed 14 working days. Suspension under the regulation shall not constitute a break in service for the purpose of regulation 29.