Appealing a Response
A person has a right to appeal if they feel that any administrative decision that included them was unfair, or if they believe a grievance they have raised has not been dealt with satisfactorily.
It is important for the person who is requesting an appeal to clearly state the grounds for an appeal. These are the reasons why the person lodging the appeal believes the wrong decision was made. Grounds of an appeal can be regarding the process of the decision and/or the outcome of the decision. Examples include fresh evidence, unjustifiable severity, inconsistent discipline, or failure to follow due process.
If the person making the appeal raises any new matters in their appeal, this may lead to further inquiries. A reasonable opportunity will be given for the organisation to consider this information before the appeal meeting.
The appeal meeting may be a complete re-hearing of the matter or it may be a review of the fairness of the original decision in the light of the procedure that was followed and any new information that may have come to light.
Guidance for Leaders and those who receive appeals
- Begin and end the process with prayer
- Respond to the person making the appeal with a time-frame in which a response will be given.
- What are the grounds of the appeal?
Guidelines on how to conduct an appeal
- What are the grounds of the appeals?
- It is important to understand the rules of evidence and the legally required process of the decision that is being appealed, in order for the appeal to measure the decision by the correct standard. Obtain legal advise is essential. Otherwise an appeal may hold a decision to an incorrect standard.
- Review the disciplinary or grievance process which took place
- Interview those involved in conducting the above processIf necessary have an external, third party conduct a review of the process
- Determine if the grounds of the appeal are legitimate. Are the reasons stated for the appeal relevant for the standard of the decision-making process?
- Determine if the grounds of the appeal have merit. If the ground of the appeal are legitimate, then consider if the matter has merit, that is, there is evidence to support the grounds of the appeal.
- If the grounds are legitimate and have merit, determine if the original decision needs to be revised.
An appeal usually has the following outcomes:
- confirm the original decision
- revoke the original decision
- change the level of warning or response to the grievance