Civil Service Appeal Board
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.
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.
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.
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.