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FAQs

What is a CSAC appeal?

An appeal is a written statement from an aggrieved civil servant, including those who were dismissed or those applying for a position, asking the Appeals Commission to review the final decision of a Chief Officer, (which the employee feels is unfair). The final decision usually takes effect upon receipt of the final action letter; you should therefore await the outcome of any pending matter prior to making an appeal.

How do I lodge an appeal with CSAC?

Within 30 days of receiving the Chief Officer’s final decision you may submit your written statement (see preparing an appeal, the suggested format and the online form) via fax, mail, email, or hand deliver it to the CSAC’s office. You should submit the original and five copies of the documents. You will receive an acknowledgement letter, after which you will be notified of the hearing date. You must have grounds for an appeal so if it is determined that an appeal is frivolous, vexatious or without merit then the appeal may be denied. If the appeal is filed late the employee is not entitled to a hearing and the appeal will be denied. (In such a case the original decision will stand).

Should I tell my manager that I will be appealing the decision?

Yes, managers should be advised in writing. You can also request copies of documents from your personal file. (The Freedom of Information Law, (when it is passed), will establish individuals’ rights in this regard). Remember that you have the right to an appeal; if you feel you are unable to exercise that right, you should inform the CSAC in writing.

Is there a fee for making an appeal through CSAC?

There is no fee for lodging an appeal, however, you will be asked to pay for any photocopying that you personally need done. You are however responsible for paying your attorney’s fees, should you chose to appoint one.

Who has the burden of proof in CSAC appeals proceedings?

The department must prove that it was justified in taking the action; the appellant must prove that the decision was not in accordance with the law.

Will the CSAC carry out independent investigations on matters that are before it?

Yes, if the commission deems it necessary, it will carry out an independent investigation into the matter being heard.

Can I withdraw a CSAC appeal?

An appeal can be withdrawn at any time before the CSAC’s decision is issued; you may withdraw the appeal only if you decide that the initial decision was correct or the circumstances have changed.

Where and how will the CSAC appeal hearing be held?

The hearing will be held at the office of the CSAC in the Cayman Islands. The parties in dispute shall appear before members of the Appeals Commission; witnesses will be called; evidence presented; all decisions shall be by majority vote of members present. The hearing will be conducted with the requirements of due process; the formal rules of evidence and court procedures will be followed but these will not be strictly enforced.

Is the CSAC appeal hearing confidential?

Yes the hearing is confidential and is not open to the public. The CSAC will however record the hearing for its own use and purposes and any report, statement or other communication or document of record or any meeting, inquiry or proceedings which the CSAC may make, shall be privileged in that its production may not be used in any legal proceedings if the Governor certifies in writing that such production is not in the public interest.

How does CSAC make a decision and when will I be notified?

In making appeal decisions, the CSAC will be guided by four principles. You will receive a decision through the post within 30 days after the hearing is concluded. Where the decision is in your favour the Commission will either reject, modify or propose some other appropriate course of action, for example, reinstatement, remuneration, changes in work assignment or location, etc; if the decision is not in your favour your appeal will be dismissed and the original decision will stand. Both parties do however have a right to appeal the CSAC decision.

Can I request a postponement of the CSAC hearing?

If you or a key witness have an unavoidable conflict and cannot attend on the date set, you should write to the CSAC prior to the actual hearing date and ask for a postponement. If you have to leave the islands your hearing may be postponed or rescheduled and arrangements may be made for it to be done via the phone.

May I call the CSAC for advice about my case?

You may call the office for administrative assistance; however, you cannot seek legal advice or assistance on the matter that you are appealing. If you have not received your decision in the mail after 30 clear days from the hearing, you may call the office to enquire whether your documents were mailed to you.

Can CSAC accommodate me at the hearing if I have a speech, hearing or language problem?

If a party has a speech, hearing or other need, the CSAC must be notified in advance so that the necessary arrangements may be put in place to accommodate that party.

What if I fail to give answers or documents to the CSAC?

A person who fails to comply with any request made by the Commission to produce any information that is in that person’s possession or under that person’s control, or who fails to provide explanations when required to do so by the Commission - is guilty of offence and is liable to imprisonment for six months.