Appeals

Please note: these guidance notes are specific to a. the basis in which persons may make an appeal, b. the key steps and factors in the appeals process and c. the required documentation in order to file that appeal. 

The Public Service Management Law (as amended from time to time) (“the PSML”) specifies when an appeal can be made to the Civil Service Appeals Commission (“the Commission”).  These appeal rights fall into three categories:

1. S.33 – Appeals lodged by civil servants who have applied for a position of Chief Officer of a Ministry or a Portfolio (the decision having been made by the Head of the Civil Service);
2.  S.34 – Appeals lodged by a Chief Officer of a Ministry or Portfolio against a personnel related decision made by the Head of the Civil Service or the Official Member , as the case may be; and
3. S.54 - Appeals by staff members or civil servants against a personnel related decision made by a Chief Officer. 

S.33 – APPEALS LODGED BY CIVIL SERVANTS WHO HAVE APPLIED FOR A POSITION OF CHIEF OFFICER OF A MINISTRY OR A PORTFOLIO (THE DECISION HAVING BEEN MADE BY THE HEAD OF THE CIVIL SERVICE)

A.    Basis for Appeals (lodged under s.33)

A civil servant who has applied for the position of Chief Officer of a Ministry or a Portfolio may appeal against an appointment decision made by the Head of the Civil Service.

B.    Timeline for Submission of Appeals (lodged under s.33)

An appeal must be lodged within thirty calendar days of being notified of the decision.

C.    Required Evidence for Appeals (lodged under s.33)

In lodging such an appeal the civil servant shall provide evidence to show that the Head of the Civil Service has acted in:

• an unfair manner; or
• a manner inconsistent with the requirements of s.26 of the PSML. 

D.    Important Information for Appeals (lodged under s.33)

The Commission does not have final determination authority in relation to these appeals; but instead makes a recommendation to the Governor who is then responsible for making the final decision as he/she sees fit.

S.34 – APPEALS LODGED BY A CHIEF OFFICER OF A MINISTRY OR A PORTFOLIO AGAINST A PERSONNEL RELATED DECISION MADE BY THE HEAD OF THE CIVIL SERVICE OR THE OFFICIAL MEMBER

A.    Basis for Appeals (lodged under s.34)

A Chief Officer of a Ministry or a Portfolio may appeal against a personnel related decision made in accordance with s.28, s.29, s. 31 or s.32 by the Head of the Civil Service or an Official Member, as the case may be. Such decisions include:

• Remuneration decisions;
• Dismissal decisions;
• Early retirement on medical grounds decisions;
• Retirement to improve the organisation decisions;
• Performance assessment ratings and comments; and
• Performance remuneration decisions (when applicable).

B.    Timeline for Submission of Appeals (lodged under s.34)

An appeal must be lodged within thirty calendar days of being notified of the decision.

C.    Required Evidence for Appeals (lodged under s.34)

In lodging such an appeal the Chief Officer shall provide evidence to show that the Head of the Civil Service or the Official Member, as the case may be, has acted in:

• an unfair or biased manner; or
• a manner inconsistent with the requirements of s.28, s.29, s. 31 or s.32 of the PSML.

D.    Important Information for Appeals (lodged under s.34)

• Chief Officers appointed by the Governor (i.e. the Auditor General, the Cabinet Secretary, etc.) are not eligible to appeal his/her decisions to the Commission.
• The Commission does not have final determination authority in relation to these appeals; but instead makes a recommendation to the Governor who is then responsible for making the final decision as he/she sees fit.

S.54 – APPEALS LODGED BY STAFF MEMBERS OR CIVIL SERVANTS AGAINST A PERSONNEL RELATED DECISION MADE BY A CHIEF OFFICER

A.    Basis for Appeals (lodged under s.54)

A staff member or civil servant may appeal about any decision of a Chief Officer made under Part VII of the PSML, other than a decision made under s.45 or s.46 , including a decision on an appeal made under s.53  of the PSML. Such decisions include:

• Appointment decisions (including transfers, promotions and reappointments);
• Remuneration decisions;
• Terms and conditions decisions;
• Performance assessment ratings and comments;
• Performance remuneration decisions (after such date as the Cabinet may by Order specify);
• Disciplinary decisions;
• Dismissal decisions;
• Early retirement on medical grounds decisions;
• Retirement to improve the organisation decisions; and
• Other termination of employment decisions.

B.    Timeline for Submission of Appeals (lodged under s.54)

An appeal must be lodged within thirty calendar days of being notified of the decision.

C.    Required Evidence for Appeals (lodged under s.54)

In lodging such an appeal the civil servant or staff member shall provide evidence to show that the Chief Officer has acted in:

• an unfair or biased manner; or
• a manner inconsistent with the requirements of Part VII of the PSML.

D.    Important Information for Appeals (lodged under s.54)

Only existing employees of government can appeal

Under the PSML, only civil servants (i.e. existing employees of government) can lodge an appeal with the Commission. This means that the following are not eligible to lodge an appeal to the Commission:

• persons who are not civil servants, and who have unsuccessfully applied for a position as a civil servant; 
• employees of statutory authorities and government companies as they are not civil servants (and are therefore not covered by the Commission appeals process); 
• Royal Cayman Islands Police Service Officers as their employment conditions are otherwise governed within the remit of the Police Law; and 
• Her Majesty’s Cayman Islands Prison Officers relating to any disciplinary matter as this employment condition is governed within the remit of the Prisons Law and the Prison (Discipline) Regulations.

Appeals must be about Chief Officer decisions

In all cases, appeals lodged with the Commission by civil servants or staff members must be against a decision of a Chief Officer. The PSML makes provisions for civil servants or staff members to seek to remedy a situation prior to filing an appeal with the Commission. These provisions are engrained in s.53(1) and s.53(2) of the PSML and are as follows:

• Basis of Appeals lodged under s.53(1)
  A civil servant seeking appointment may appeal to the Chief Officer about any appointment decision (made under Part VII of the PSML) by a Head of Department or other Manager in the civil service entity. Such an appeal must be lodged within 30 calendar days of being notified that he or she was not appointed.
• Basis of Appeals lodged under s.53(2)
  A staff member may appeal to his Chief Officer about any decision (made under Part VII of the PSML) of a Head of Department or other Manager in the civil service entity. Such an appeal must be lodged within 30 calendar days of the decision being notified in writing. This internal appeal process is the responsibility of the Chief Officer and is not a matter that involves the Commission.  The Commission recommends, however, that the process be documented in the entity’s Human Resources Policies and Procedures Manual.

Grounds of Appeal

Where a civil servant lodges an appeal to the Chief Officer in accordance with s.53(1), or a staff member lodges an appeal to his Chief Officer in accordance with s.53(2) as detailed above; the civil servant or the staff member shall provide evidence to show that the Head of Department or other Manager in the civil service entity has acted:

• an unfair or biased manner; or
• a manner inconsistent with the requirements of Part VII of the PSML.

Decisions of Chief Officers

The Chief Officer to whom the appeal has been lodged shall render a decision based on the information provided by the civil servant or the staff member together with the 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. A decision shall be rendered within 30 calendar days of the Chief Officer being in possession of such information.   

ACCEPTANCE OF AN APPEAL

After an appeal submission has been lodged with the Commission, the Commission will review the submission and determine whether 1. it falls within the Commission’s jurisdiction in accordance with s.33(1), s.34(1) or s.54(1) of the PSML; and 2. it provides clear and sufficient evidence to satisfy the requirements of s.33(2), s. 34(4) or s.54(2) of the PSML.

If the appeal does not fall within the Commission’s jurisdiction and/or provide clear and sufficient evidence the appeal will not be accepted by the Commission and the Appellant notified accordingly.

If the appeal does fall within the Commission’s jurisdiction and provides clear and sufficient evidence the appeal will be accepted by the Commission and the Appellant notified accordingly. 

WITHDRAWING AN APPEAL

Appellants may withdraw an appeal at any time before the Commission issues its decision i.e. either after it is lodged and before it is considered by the Commission; or after and before the Commission decision is issued.  Appeals may be withdrawn by advising the Commission Secretariat in writing.

Appeals do not need to be withdrawn merely because an Appellant is leaving the Cayman Islands.