Frequently asked questions
Putting a statement together
How should a statement be put together (Appellant)?
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.
How should a statement be put together (Department)?
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.
