The appellant, dismissed by the respondent after being convicted of dangerous driving resulting in death and exceeding the legal alcohol limit, appealed to the Public Service Appeal Board. He sought to overturn the dismissal, be reinstated, receive full entitlements, and have his employment continuity recognised, arguing that the dismissal was unfair as it occurred after his conviction but before the end of his criminal proceedings.

The respondent applied to have the appeal dismissed, citing that reinstatement was impractical due to the appellant's imprisonment and other validity issues. The appellant had been sentenced to four years in prison.

The Board determined that the appellant's convictions were 'serious offences' under the Public Sector Management Act 1994, which justified the dismissal. Given that the Board can only order reinstatement and that reinstatement was not feasible due to the appellant's imprisonment, the appeal was dismissed.

The decision can be read here.