Frequently asked questions
Decision making
What does the Board consider when making a decision on my appeal?
First, members will wish to be satisfied that the Department has followed
fully and correctly its procedures leading to your dismissal. The fact that
a Department or Agency has not followed its procedures in every detail will
not necessarily render the dismissal unfair. Essentially, the test will be
whether the failure to follow a particular procedure has been of such a
form or magnitude as to involve an injustice to the officer dismissed.
Secondly, the Board will wish to be satisfied that the circumstances
leading to and resulting in the dismissal have been investigated thoroughly
and all the relevant information taken into account in reaching the
decision. Thirdly, the Board will wish to be satisfied that the Department
has been consistent in its handling of the case and its treatment of the
appellant when compared with its actions and decisions in any other similar
case. Lastly, the Board will consider whether the disciplinary penalty
awarded was appropriate for the offence committed.
How will I find out the result of my case?
You will be advised of the Board's decision on your appeal in writing a
day or so after the hearing. This will be followed, within 20 working days,
by a record of the hearing. This will not be a verbatim record. If will be
a summary of the Board's reasons for the decision it reached on the
appeal.
What happens if the decision to dismiss is found to be fair?
Following the hearing the Board will consider its conclusions and arrive at
a decision. If the Board decides that the dismissal was fair that is the
end of the matter as far as the Board is concerned.
What happens if the decision to dismiss is found to be unfair?
In the generality of cases there are two remedies available to the Board.
It can recommend reinstatement, but a Department or Agency is not obliged
to accept such a recommendation. If a recommendation by the Board for
reinstatement is not accepted by the Department or Agency, then the Board
will make an award of compensation. If the Board considers reinstatement to
be inappropriate, it will make an award of compensation. Likewise, if the
appellant is seeking compensation rather than reinstatement, a compensation
award will be made.
If compensation is considered in these circumstances, we shall write to you
again and both parties will be given the opportunity to make
representations about the award of compensation.
