Constitution of The Bahamas

ContentsChapter VIII. The Public ServicePart III. The Public Service Board of Appeal

Article 115. Appeals in discipline casesAppeals against dismissal and discipline

Official text. Hover or tap any paragraph for its plain-English version.Plain-language edition, an unofficial restatement. Hover or tap any paragraph for the official wording, which alone has legal effect.

115.

In briefLets a public officer appeal to the Public Service Board of Appeal against removal or a disciplinary penalty, and sets how the Board decides and makes rules.

(1)

Subject to the provisions of this Article, an appeal shall lie to the Public Service Board of Appeal at the instance of the officer in respect of whom the decision is made from any decision of the Governor-General, acting in accordance with the advice of the Public Service Commission, that any public officer shall be removed from office or that any penalty should be imposed on him by way of disciplinary control.

Subject to this Article, a public officer (a person holding a paid post in the Government's service) may appeal to the Public Service Board of Appeal against any decision of the Governor-General, acting in accordance with the advice of the Public Service Commission, that the officer is to be removed from office or is to have a penalty imposed on them as a disciplinary measure. The appeal is brought by the officer the decision concerns.

(2)

Upon an appeal under paragraph 81) of this Article the Board may affirm or set aside the decision appealed from or may make any other decision which the authority or person from whom the appeal lies could have made.

On an appeal under paragraph (1) of this Article, the Board may confirm or set aside the decision appealed against, or may make any other decision that the authority or person who made the original decision could have made.

(3)

Every decision of the Board shall require the concurrence of a majority of all its members.

Every decision of the Board needs the agreement of a majority of all its members.

(4)

Subject to the provisions of paragraph (3) of this Article, the Board may be regulations make provision for-

Subject to paragraph (3) of this Article, the Board may make regulations providing for:

(a)

the procedure of the Board;

the Board's procedure;

(b)

the procedure in appeals under this Article;

the procedure in appeals under this Article;

(c)

exceeding from the provisions of paragraph (1) of this Article decisions in respect of public officers holding offices whose emoluments do not exceed such sum as may be prescribed or such decisions to exercise disciplinary control, other than decisions to remove from office, as may be prescribed.

excluding from paragraph (1) of this Article decisions about public officers whose pay does not exceed a prescribed amount, or prescribed kinds of disciplinary decisions other than decisions to remove an officer from office.

(5)

Regulations made under this Article may, with the consent of the Prime Minister, confer powers or impose duties on any public officer or any authority of the Government of The Bahamas for the purpose of the exercise of the functions of the Board.

With the consent of the Prime Minister, regulations made under this Article may give powers or impose duties on any public officer or any authority of the Government of The Bahamas so that the Board can carry out its functions.

(5)

The Board may, subject to the provisions of this Article and to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member.

Subject to this Article and to its rules of procedure, the Board may act even if there is a vacancy among its members or a member is absent.

Appeals in discipline casesAppeals against dismissal and discipline

Read this article in its chapter