( ! ) Any act done without reasonable excuse by a judicial officer or administrative or other staff of the Judiciary, which amounts to failure to perform any duty assigned to him or her, or which contravenes any of the laws relating to the Judiciary Service and the Public Service in general or which is otherwise prejudicial to the efficient conduct ofthe Judiciary Service or tends to bring the Judiciary Service into disrepute constitutes misconduct or gross misconduct.
(2)
Misconduct includes the following-
(a)
disclosure of information in contravention of the law;
(b)
acts that bring the Judiciary Service into disrepute;
(c)
bullying or victimisation;
(d)
threatening behavior;
(e)
fighting or assault at the place of work;
(f)
financial embarrassment;
(g)
engaging in private interests at the expense of his or her official duties; (h) breach of trust or confidentiality;
(i)
issuing media statements or granting media interviews without authority;
U) misuse of electronic and social media;
(k)
unauthorised use and possession of property or facilities of the Judiciary; (l) soliciting or receiving bribes; (m) rude, abusive and disrespectful or use of vulgar language;
(n)
holding more than one full time employment concurrently;
(o)
uttering false statements;
(p)
driving a vehicle assigned to the Judiciary under the influence ofliquor or stupefying drug;
(q)
incitement with intent to cause disobedience;
(r)
use and abuse of drugs or alcohol;
(s)
absence from duty without permission;
(t)
disregarding the chain of command in his or her place of employment without reasonable excuse;
(u)
refusal to comply with a posting instruction or order;
(w)
abuse of judicial authority;
(x)
habitual late coming;
(z)
noncompliance with performance management requirements.
(3)
Misconduct shall result in disciplinary measures, other than removal or dismissal from the Judiciary Service.
(4)
Gross misconduct is conduct which destroys the relationship of trust and confidence between the member of staff of the Judiciary and the Judiciary Service and renders the working relationship untenable.
(5)
Gross misconduct shall result in retirement in the public interest, removal or dismissal, and includes-
(a)
commission of offences under the Anti-Corruption Act, the Leadership Code Act and the Penal Code Act in the course of one's duty;
(b)
breach of health and safety rules endangering safety and lives of others;
(c)
unauthorised destruction or misuse of official documents and records;
(d)
contravention of the Uganda Code of Judicial Conduct, the Judicial Oath or any other oath subscribed;
(e)
contravention of the Pub lic Service Code of Conduct;
(f)
disclosure of information prejudicial to national security;
(g)
misuse or malicious damage to Judiciary property;
(h)
failure to account for public resources;
(i)
disregard of or breach of laws, regulations or procedures causing loss;
(j)
discrimination, contrary to the prov1s1ons of the Constitution; and
(k)
sexual harassment. (6) Where a member of staff of the Judiciary is suspected to have been involved in an act or acts constituting gross misconduct, the Commission shall frame charges with full particulars of the case, including the applicable provisions of the law.