The appellant, a Level 2 Administrative Officer with the respondent, was dismissed from her position in May 2023 due to failing to retire on the grounds of ill health. She appealed her dismissal, seeking reinstatement. The Public Service Appeal Board had to consider whether the decision to remove the appellant from her position was unfair.  

The respondent asserted, based on the Independent Medical Examination (IME) Report, that the appellant was entirely and indefinitely unfit for her pre-injury work, citing significant risks to her psychological health and safety, should she return to her former position. It contended that unqualified reinstatement was impractical, and that the Appeal Board lacked the power to order backpay or compensation beyond reinstatement.  

The appellant disputed the respondent’s claims, emphasising the unfairness of her dismissal and arguing that she was fit for work with modifications, citing a report from her General Practitioner. She contended that the Appeal Board should reverse the dismissal decision, order compensation, reinstate her either in her former role or in the public sector more generally.  Alternatively, the appellant contended that the respondent be directed to commission an independent medical report regarding her suitability for reinstatement.  

The Appeal Board found the IME Report to be credible and persuasive, concluding that the applicant was unfit to work in her former position, due to the risks posed to her mental health. Consequently, the Appeal Board found reinstatement impracticable and dismissed the appellant’s application, upholding the Department’s application to dismiss the appellant. 

The decision can be read here. 

Decision issued Friday, 16 February 2024.