PUBLIC SERVICE MANAGEMENT LAW (2013 REVISION)

PART VIII - Civil Service Appeals Commission

 

Appointment of Civil Service Appeals Commission

58. (1) There shall be a Civil Service Appeals Commission appointed in accordance with this section.

(2) The Civil Service Appeals Commission shall consist of a Chairman and not less than four or more than six other members, appointed by the Governor acting in his discretion.

(3) The members of the Civil Service Appeals Commission shall be appointed by instrument under the public seal for such period, not being less than two nor more than four years, as may be specified in their respective instruments of appointment.

(4) No person shall be qualified to be appointed as a member of the Civil Service Appeals Commission if he is a civil servant or if he is or has been within the preceding three years -

  •  An elected member of the Legislative Assembly; or
  •  The holder of any office in any political party.

(5) The office of a member of the Civil Service Appeals Commission shall become vacant

(6) In the performance of its functions under this Law, the Civil Service Appeals Commission shall not be subject to the direction or control of any other person or authority.

(7) Members of the Civil Service Appeals Commission shall be paid such subsistence and travelling allowances as the Cabinet shall from time to time determine.

 

Duties of Civil Service Appeals Commission

59. The Civil Service Appeals Commission shall hear appeals under sections 33, 34 and 54.

 

Determination of appeals by Civil Service Appeals Commission

60. On the appeal of any decision, the Civil Service Appeals Commission may make such determination as it considers appropriate and may, without limiting the generality of this power, grant monetary relief and make interim orders.

  •  At the expiration of the period specified in the instrument by which he was appointed;
  •  If he resigns his office by writing under his hand addressed to the Governor;
  •  If he becomes an elected member of the Legislative Assembly, the holder of any office in any political party or a civil servant;
  •  If the Governor, acting in his discretion, directs that he shall be removed from office for inability to discharge the functions thereof (whether arising from infirmity of body or mind or any other cause) or for misbehaviour; or
  •  Upon his death.

 

Meetings, procedures, etc., of Civil Service Appeals Commission

61. (1) Meetings of the Civil Service Appeals Commission shall be chaired by the Chairman, and the Commission may appoint a temporary chairman from among its own members to preside over a meeting if the chairman is absent for any reason.

(2) All decisions of the Civil Service Appeals Commission shall be by majority vote of members present but the chairman shall have a casting vote whenever the voting is equal.

(3) The Commission shall appoint a secretary who shall keep a record of the members present and of the business transacted at every meeting of the Commission; any member who is present at a meeting when a decision is made shall be entitled to dissent therefrom and to have his dissent and his reasons set out in the record of the meeting if he so requests.

(4) The Commission shall have all the powers of the Grand Court in relation to the summoning of witnesses and the production of documents.

(5) The parties to an appeal may, at their own discretion, choose to be represented at a hearing of the Commission by -

  •  An attorney;
  •  A representative of an organisation representing employees or any class thereof; or
  •  Any other person.

(6) Subject to subsections (1) to (5), the Commission may establish its own rules of meeting.

 

Privilege of Civil Service Appeals Commission documents

62. Any report, statement or other communication or document of record of any meeting, inquiry or proceedings which the Civil Service Appeals Commission may make in exercise of its functions or any member may make in performance of his duties shall be privileged in that its production may not be used in any legal proceedings if the Governor certifies in writing that such production is not in the public interest.


PUBLIC SERVICE MANAGEMENT LAW (2013 REVISION)

Appeal Processes for Chief Officers of Ministries and Portfolios

 

Right of appeal by civil servants applying to be chief officers of ministries and portfolios

33. (1) A civil servant applying for the position of chief officer of a ministry or portfolio may appeal to the Civil Service Appeals Commission about an appointment made by the Head of the Civil Service under section 26, but must do so within thirty days of an appointment being notified.

(2) Where a civil servant makes an appeal to the Civil Service Appeals Commission under subsection (1), the civil servant shall provide evidence to the Civil Service Appeals Commission to show that the Head of the Civil Service has acted in an unfair manner or in a manner inconsistent with the requirements of section 26.

(3) The Civil Service Appeals Commission shall rule on the appeal and make a recommendation to the Governor within thirty days of the appeal being lodged and its recommendation shall be based on the information provided by the appellant together with information provided by the Head of the Civil Service and any other information that the Commission considers relevant.

(4) The Governor shall receive the recommendation and act upon it as he sees fit and his decision shall be final.

 

Right of appeal by chief officers of ministries and portfolios

34. (1) A chief officer of a ministry or portfolio may appeal to the Civil Service Appeals Commission about a decision of the Head of the Civil Service or the Official Member, as the case may be, made under section 28, 29, 31 or 32, but must do so within thirty days of a decision being notified.

(2) The Civil Service Appeals Commission shall rule on the appeal referred to in subsection (1) and make a recommendation to the Governor within thirty days of the appeal being lodged and its recommendation shall be based on the information provided by the appellant together with information provided by the Head of the Civil Service or Official Member, as the case may be, and any other information that the Commission considers relevant.

(3) The Governor shall act upon the recommendation referred to in subsection (2) as he sees fit, and his decision shall be final.

(4) Where a chief officer makes an appeal under subsection (1), the chief officer shall provide evidence to the Civil Service Appeals Commission to show that the Head of the Civil Service or Official Member, as the case may be, has acted in an unfair or biased manner, or in a manner which is inconsistent with the requirements of section 28, 29, 31 or 32.

 

PUBLIC SERVICE MANAGEMENT LAW (2013 REVISION)

Appeal Processes for Staff

Right of appeal to chief officer

53. (1) A civil servant seeking appointment may appeal to the chief officer about any appointment decision made under this Part by a head of department or other manager in the civil service entity, but must do so within thirty days of being notified that he was not appointed.

(2) A staff member may appeal to his chief officer about any decision of a head of department or other manager in the civil service entity made under this Part, but must do so within thirty days of a decision being notified in writing.

(3) Where a civil servant makes an appeal under subsection (1) or a staff member makes an appeal under subsection (2), the civil servant or staff member shall provide evidence to the chief officer to show that the head of department or other manager in the civil service entity has acted in an unfair or biased manner, or in a manner inconsistent with the requirements of this Part.

(4) The chief officer shall, within thirty days, render a decision and such decision shall be based on the information provided by the appellant together with information provided by the head of department or other manager in the civil service entity and any other information that the chief officer considers relevant.

 

Right of appeal to Civil Service Appeals Commission

54. (1) A staff member or civil servant may appeal to the Civil Service Appeals Commission about any decision of a chief officer made under this Part (other than a decision made under sections 45 and 46), including a decision on an appeal made under section 53, but must do so within thirty days of being notified of the chief officer’s decision.

(2) Where a staff member or civil servant appeals under subsection (1), the staff member shall provide evidence to the Civil Service Appeals Commission to show that the chief officer acted in an unfair or biased manner, or in a manner inconsistent with the requirements of this Part.

(3) The Civil Service Appeals Commission shall render a decision on the appeal within thirty days, and such decision shall be based on the information provided by the appellant together with information provided by the chief officer and any other information that the Commission considers relevant, and its decision shall be final.

(4) Where the decision being appealed against involves dismissal or other termination of employment, the Civil Service Appeals Commission may, before hearing the matter in full and rendering a final decision thereon, make such interim orders as it thinks fit including -

  •  Temporary reinstatement of the appellant;
  •  Placing him on suspension on such terms and conditions as it thinks fit.

Download the Law.

Download the Regulations.