Public Service Act 2016 - Public Service (Appeals) Regulations 2020

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Cabinet makes the following Regulations under Section 130 of the Public Service Act 2016:

These Regulations may be cited as the Public Service (Appeals) Regulations 2020.

‘Board’ means the Public Service Appeals Board constituted in Section 105 of the Act;

A person aggrieved by a decision of the Chief Secretary made under the Public Service (Disciplinary) Regulations 2020 may appeal such decision of the Chief Secretary to the Board in Form 1 in the Schedule.

For the purpose of Section 113(1)(b) of the Act, a notice in Form 2 in the Schedule shall be issued to the parties to attend before the Board.

Where in an appeal there is more than one appellant and any one or more of the appellants exercise their right to withdraw or discontinue an appeal under Regulation 7, any remaining appellant may continue with the appeal.

There shall be no appeal of any interlocutory decision or a decision to suspend an employee by the Chief Secretary or Head of Department pending the investigation or the final determination of a disciplinary proceeding.

Details of Appellant	[insert full name], [insert residential and email addresses], [insert phone number] [insert position or job title], [insert Section], [insert Department].
Employment status	I am a: public service employee; temporary employee; contract employee; foreign service employee. *[Tick whichever is applicable]*
State the nature of appeal	The Appellant appeals against: the appointment of a person or promotion of another public service employee; the finding that the Appellant committed a misconduct and a penalty imposed by the Chief Secretary; being transferred for reasons other than as a penalty for misconduct; the reduction of his or her classification. *[(a) Tick whichever is applicable]; [(b) Attach a copy of the decision]*
Date of decision	[day] / [ month] / [year]
Date of notification of decision to the Appellant	[day] / [ month] / [year] 1. [insert the date on which the decision of the Chief Secretary was given to the Appellant] 2. [where the intended appeal is out of time, please insert the reasons for the same below]
Grounds of Appeal	The grounds of appeal are as follows: *[Properly outline, number and state the grounds of appeal as 1, 2, 3, etc]* 1 2 3 [If necessary, attach a separate page.][Note:* No submissions are to be attached or included as part of the grounds of appeal.]*
Nature of relief sought	The Appellant seeks the following relief: 1 2 3 [(a) Precisely state the relief sought from the Public Service Appeals Board; (b) If necessary attach a separate page; (c)No submissions are to be attached or included as part of the relief sought]
Leave to extend time to appeal *[if applicable]*	I am applying for an extension of time to lodge my appeal notice after 5.00 pm on the 14^th day after I was notified of the decision. The reason I could not lodge my appeal within the 14 day timeframe is: *[provide reason]* [Appellant must state the last date for appealing the decision under the Act – appeal must be filed within 14 days after the appealable decision was made]
Representation	In person or by a legal representative [state the name of legal representative] ....................................................................................................
Address for service of the Appellant or legal representative	....................................... District Email: ................................................................................... Telephone Number: ................................................................. [insert full address of Appellant or legal representative]
Any special requirements	[for example, an interpreter]
Signature of Appellant or Legal representative	........................................................................................
Date notice of appeal filed	[day] / [ month] / [year]
Endorsement by the secretary to the Public Service Appeals Board

The Appellant and the Chief Secretary or his or representative are required to attend before the Board on the date and time contained in this Notice for directions or hearing of the appeal.

.............................................
Secretary
Public Service Appeals Board

TO: [insert name of Appellant]
[insert address of Appellant] District

Chief Secretary
Department of Chief Secretary
Government Offices
Yaren District

Nauru Subsidiary Legislation

Public Service Act 2016 - Public Service (Appeals) Regulations 2020 - SL 22, 2020