Constitution of The BahamasIn briefLets an officer or their personal representatives have pension decisions, and removals or discipline that reduce an award, referred to the Public Service Board of Appeal.
The provisions of this Article shall have effect for the purpose of enabling an officer or his personal representatives to appeal against any of the following decisions, that is to say:-
This Article allows an officer, or the officer's personal representatives (the people who manage a deceased person's estate), to appeal against any of the following decisions:
a decision of the appropriate Service Commission embodying a recommendation in respect of an officer, under Article 123(2) of this Constitution, not to grant or to withhold, reduce in amount or suspend, and award;
a decision of the appropriate Service Commission containing a recommendation about an officer under Article 123(2) of this Constitution not to grant an award, or to withhold, reduce or suspend an award;
a decision of any authority to remove an office from office if the consequence of the removal is that an award cannot be granted in respect of the officer's service in a public office; or
a decision of any authority to remove an officer from office, if the result of the removal is that an award cannot be granted for the officer's service in a public office; or
a decision of any authority to take some other disciplinary action in relation to such an office if the consequence of the action is or in the opinion of the authority might be, to reduce the amount of any award that may be grated in respect of the officer's service in a public office.
a decision of any authority to take some other disciplinary action against an officer, if the result of the action is, or in the authority's opinion might be, to reduce the amount of any award that may be granted for the officer's service in a public office.
Where any such decision as is referred to in paragraph (1) of this Article is taken by any Commission or authority, the Commission or authority shall cause to be delivered to the officer concerned, or to his personal representatives, a written notice of that decision stating the time, not being less than twenty-eight days from the date on which the notice is delivered, within which he, or his personal representatives, may apply to the Commission or authority for the case to be referred to the Public Service Board of Appeal.
When a Commission or authority takes a decision of the kind referred to in paragraph (1) of this Article, it must have a written notice of the decision delivered to the officer concerned or to the officer's personal representatives. The notice must state the time, which cannot be less than twenty-eight days from the date the notice is delivered, within which the officer or the personal representatives may apply to the Commission or authority for the case to be referred to the Public Service Board of Appeal.
The Board shall inquire into the facts of the case, and for that purpose-
The Board must inquire into the facts of the case, and for that purpose:
shall, if the applicant so requests in writing, hear the applicant either in person or by a legal representative of his choice, according to the terms of the request, and shall consider any representations that he wishes to make in writing;
must, if the applicant asks in writing, hear the applicant either in person or through a legal representative of the applicant's choice, as the request says, and must consider any points the applicant wishes to make in writing;
may hear any other person who, in the opinion of the Board, is able to give the Board information on the case; and
may hear any other person who, in the Board's opinion, can give it information about the case; and
shall have access to, and shall consider, all documents that were available to the Commission or authority concerned and shall also consider any further document relating to the case that may be produced by or on behalf of the applicant or the Commission or authority.
must have access to, and must consider, all the documents that were available to the Commission or authority concerned, and must also consider any further document about the case produced by or on behalf of the applicant or the Commission or authority.
When the Board has completed its consideration of the case, then-
When the Board has finished considering the case:
if the decision that is the subject of reference to the Board is such a decision as is mentioned in sub-paragraph (1)(a) of this Article, the Board shall advise the appropriate Service Commission or authority whether the decision should be affirmed, reversed or modified and the Commissioner authority shall act in accordance with that advice; and
if the decision referred to the Board is one mentioned in sub-paragraph (1)(a) of this Article, the Board must advise the appropriate Service Commission or authority whether the decision should be confirmed, reversed or changed, and the Commission or authority must act in accordance with that advice; and
if the decision that is the subject of the reference to the Board is such a decision as is referred to in sub-paragraph (1)(b) of (c) of this Article, the Board shall not have power to advise the Commission or authority concerned to affirm, reverse or modify the decision but-
if the decision referred to the Board is one mentioned in sub-paragraph (1)(b) or (c) of this Article, the Board has no power to advise the Commission or authority concerned to confirm, reverse or change the decision, but:
where the officer has been removed from office the Board may direct that there shall be granted all or any part of the award that, under any law, might have been granted in respect of his service in a public office if he had retired voluntarily at the date of his removal and may direct that any law with respect to awards shall in any other respect that the Board may specify have effect as if he had so retired, and
where the officer has been removed from office, the Board may direct that the officer be granted all or part of the award that could have been granted under any law for the officer's service in a public office if the officer had retired voluntarily on the date of removal, and may direct that any law about awards is to apply in any other respect the Board specifies as if the officer had retired in that way; and
where some other disciplinary action has been taken in relation to the office the Board may direct that, on the grant of any award under any law in respect of the officer's service in a public office, that award shall be increased by such amount or shall be calculated in such manner as the Board may specify in order to offset all or any part of the reduction in the amount of that award that, in the opinion of the Board, would or might otherwise be a consequence of the provisions of any other law.
where some other disciplinary action has been taken against the officer, the Board may direct that, when any award is granted under any law for the officer's service in a public office, the award is to be increased by an amount, or calculated in a way, that the Board specifies, so as to make up for all or part of the reduction in the award that, in the Board's opinion, would or might otherwise result from any other law.
If the appeal relates to a case in which the officer exercises his right of appeal to the Board under Article 115(1) of this Constitution, the Board shall first consider his appeal under that Article and only if it decides to affirm the decision or to make some other decision the consequence of which would be to affect the officer's award, shall the Board proceed to consider the officer's appeal under this Article.
If the appeal relates to a case in which the officer is also appealing to the Board under Article 115(1) of this Constitution, the Board must first consider the appeal under that Article. Only if it decides to confirm the decision, or to make some other decision that would affect the officer's award, does the Board go on to consider the officer's appeal under this Article.
For the purposes of this Article-
For the purposes of this Article:
"legal representative" means a person entitled to practice in The Bahamas as a Counsel and Attorney of the Supreme Court; and
"legal representative" means a person entitled to practise in The Bahamas as a Counsel and Attorney of the Supreme Court; and
a notice shall be deemed to have been delivered to an office one week after it has been posted if, in the case of an officer on pension and resident outside The Bahamas whose residential address cannot be ascertained, it has been posted addressed to him at the address to which his pension is being paid.
a notice is treated as delivered to an officer one week after it is posted if the officer is on pension and lives outside The Bahamas, their home address cannot be found, and the notice was posted to them at the address to which their pension is being paid.