What happens if the decision to dismiss is found to be unfair?
In the generality of cases there are two remedies available to the Board. It can recommend reinstatement, but a Department or Agency is not obliged to accept such a recommendation. If a recommendation by the Board for reinstatement is not accepted by the Department or Agency, then the Board will make an award of compensation. If the Board considers reinstatement to be inappropriate, it will make an award of compensation. Likewise, if the appellant is seeking compensation rather than reinstatement, a compensation award will be made. If compensation is considered in these circumstances, we shall write to you again and both parties will be given the opportunity to make representations about the award of compensation.
