recommend that the appellant be reinstated or re-employed (if the recommendation is rejected, it may compensation or additional compensation in the case of early retirement); or specify what compensation (or additional compensation in the case of early retirement) should be paid; or recommend the appropriate action. In cases of early retirement on grounds of limited efficiency or structure, the Head of Department or Agency Chief Executive will normally be expected to accept the recommendations of the Board unless there are overriding reasons to the contrary and, before such a recommendation is rejected, other departments and agencies must be consulted about the possibility of a transfer to them. Departments and agencies must pay compensation awarded by the Board. Efficiency dismissals: compensation Departments and agencies must give civil servants the opportunity to appeal to the Board against the department’s or agency’s decision on compensation. Appellants must tell the Board of their intention to appeal within 21 days of the effective date of termination; or – if the appointment was terminated without notice, the date on which – employment ceased. Appellants must send their full written case to the Board within 21 days of giving notice of their intention to appeal. Appellants have the rights described in paragraph 12.1.31. If the Board decides that the decision not to pay compensation was unjustified or the amount of compensation inappropriate, the department or agency must pay compensation awarded by the Board. Expenses 12.1.35 Departments and agencies must pay for the following in connection with attendance at a Board hearing: a. the travelling and subsistence expenses of: the appellant; – any servant assisting the appellant; – any non-civil servant (other than a full time trade union representative or – solicitor or barrister) who, with the Board’s agreement, attends with the appellant; and b. loss of earnings, if appropriate, incurred by: the appellant; – any non-civil servant (other than a full-time trade union representative or solicitor – or barrister) who, with the Board’s agreement, attends with the appellant.
recommend that the appellant be reinstated or re-employed (if the recommendation is rejected, it may compensation or additional compensation in the case of early retirement); or specify what compensation (or additional compensation in the case of early retirement) should be paid; or recommend the appropriate action. In cases of early retirement on grounds of limited efficiency or structure, the Head of Department or Agency Chief Executive will normally be expected to accept the recommendations of the Board unless there are overriding reasons to the contrary and, before such a recommendation is rejected, other departments and agencies must be consulted about the possibility of a transfer to them. Departments and agencies must pay compensation awarded by the Board. Efficiency dismissals: compensation Departments and agencies must give civil servants the opportunity to appeal to the Board against the department’s or agency’s decision on compensation. Appellants must tell the Board of their intention to appeal – within 21 days of the effective date of termination; or – if the appointment was terminated without notice, the date on which employment ceased. Appellants must send their full written case to the Board within 21 days of giving notice of their intention to appeal. Appellants have the rights described in paragraph 12.1.31. If the Board decides that the decision not to pay compensation was unjustified or the amount of compensation inappropriate, the department or agency must pay compensation awarded by the Board. Expenses 12.1.35 Departments and agencies must pay for the following in connection with attendance at a Board hearing: a. the travelling and subsistence expenses of: – the appellant; – any servant assisting the appellant; – any non-civil servant (other than a full time trade union representative or solicitor or barrister) who, with the Board’s agreement, attends with the appellant; and b. loss of earnings, if appropriate, incurred by: – the appellant; – any non-civil servant (other than a full-time trade union representative or solicitor or barrister) who, with the Board’s agreement, attends with the appellant.
CSMC_November_2016.docx