Section 37 Time of Backpay Determination

• Library: Personnel Hearings 2011

Depending on the statutory language establishing the authority to order backpay for a reinstated employee, the backpay may be determined in the order for reinstatement or it may be put off until after the reinstatement order is final. Backpay would normally be for the period between the effective date of dismissal and the effective date of reinstatement. Because an employer could always seek judicial review and a contemporaneous stay of the reinstatement order, the administrative tribunal would not know at...