Civil Service Appeal Board
The main statement of case should set out the reasons why you feel that the Department/ Agency were unfair to dismiss you. The statement should be paginated and annotated with the letter A ie. A1, A2, etc. You should also include any supporting documentation. Remember that you can be helped at any time by a representative of your trade union, a friend, a colleague, or a solicitor, but do not leave this to the last minute - get your representative involved at the very start of the appeals procedure.
The department/agency's submission should explain the reasons for their decision to dismiss, and should also comment on the officer's submission. What the Appeal Board needs is a brief history of the officer's career in the department/agency, and the events which led up to the decision to dismiss. Warnings given of the officer either orally, or in writing may form part of the case. Copies of all relevant documents eg. letters of appointment, written warnings, letters of dismissal etc, should accompany the submission. These should be in chronological order, and clearly paginated and annotated with the letter D ie. D1, D2, etc. For ease of reference paragraphs of the submission should be numbered and appendices tagged in the top left hand corner. Appendices should not be submitted in separate plastic wallets. It is important that documents should be clear and easy to read. If it is difficult to make clear photocopies, typed copies should be forwarded. Illegible material will be sent back to the department/agency for clarification.
The department/agency should not include any allegation or comment in their submission which has not been put formally to the officer concerned. Statements should not go beyond the grounds for dismissal as set out in the letter terminating an appointment.
All relevant documents should be attached to the written submission. If Annual Staff Reports are relevant to the case (eg. in inefficiency cases), copies should be enclosed within the department’s/agency’s statement. These will be made available to the officer and their representative as will copies of reports of disciplinary hearings or Retirement Boards together with the hearing officer's recommendation which should also be attached to the statement of case. Submissions should include copies of any staff regulations or Departmental directive which apply to the case. In criminal conviction cases, copies of the certificate of conviction and a report of what happened at court, should be contained in the submission.
In the case of devolved responsibility, where managers have little experience in the preparation of submissions to CSAB, reference should be made to their policy-making department or the CSAB secretariat for advice on presentation and the inclusion of certain documents.
A copy of any communication between a medical adviser or a welfare officer, and the employing department/agency, which have been taken into account in reaching the decision appealed against, should accompany the department’s/agency’s statement and will thus be given to the appellant. Medical and welfare notes and personal records which have been kept exclusively for medical or welfare purposes, and have not been communicated to management, should not be sent to the Board. In any case in which there are special circumstances rendering it undesirable to disclose documents, which would normally be disclosed to the appellant, the Secretariat should be consulted.
The Department should also include any evidence it has confirming that it has been consistent in its actions and decisions as in any other similar case which it has dealt with.