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N.J.A.C. 4A:2-1.5 Remedies

N.J.A.C. 4A:2-1.5, Remedies. Seniority credit may be awarded in any successful appeal. (b) Back pay, benefits and counsel fees may be awarded in disciplinary appeals and where a layoff Full text with 1 recorded amendment, 30 citing decisions, cited by 1 other rule.

Appeals, Discipline, and Separations · Appeals

Current through New Jersey Register, Vol. 58 No. 14, July 20, 2026. Reviewed as of July 26, 2026.

This is an annotated mirror, not the official publication. Verify against the Civil Service Commission before relying on it.

In plain language

Winning an appeal and being made whole are two separate questions. Seniority credit may be awarded in any successful appeal. Money is much narrower. Back pay, benefits and counsel fees may be awarded in disciplinary appeals, and where a layoff action has been in bad faith. In every other kind of appeal they are available in only two situations: where the appointing authority has unreasonably failed or delayed to carry out an order of the Commission, or where the Commission finds sufficient cause on the particular facts. The rule offers one route to sufficient cause and it sets a high bar, the employee demonstrating that the appointing authority took adverse action against them in bad faith or with invidious motivation. Note the verb running through the whole section. May, not shall. What is granted on a reversed disciplinary penalty is a different question, answered at 4A:2-2.10.

Written by the NJ Civil Service Navigator editorial team from the text of N.J.A.C. 4A:2-1.5. It is a description of the rule, not the rule itself, and not legal advice.

(a) Seniority credit may be awarded in any successful appeal. #

(b) Back pay, benefits and counsel fees may be awarded in disciplinary appeals and where a layoff action has been in bad faith. See N.J.A.C. 4A:2-2.10. In all other appeals, such relief may be granted where the appointing authority has unreasonably failed or delayed to carry out an order of the Civil Service Commission or where the Commission finds sufficient cause based on the particular case. A finding of sufficient cause may be made where the employee demonstrates that the appointing authority took adverse action against the employee in bad faith or with invidious motivation. #

Amendment history

Rule numbers, effective dates and New Jersey Register citations as published. 1 recorded change.

  1. AmendedR.2012 d.007
    43 N.J.R. 2395(a); 44 N.J.R. 65(a)

How this rule has been applied

30 decisions have cited N.J.A.C. 4A:2-1.5. The list below is citations to those decisions, not the decisions. We have not written summaries for this section. A citation with no summary is deliberate: we do not paraphrase a decision we have not read. Nothing here is legal advice.

New Jersey Supreme Court (1)
  • 105 N.J. 569; 523 A.2d 200
Superior Court (1)
  • In re Hearn417 N.J. Super. 289; 9 A.3d 10322010cites (b)
Civil Service Commission final determinations (19)
  • In re Brittingham, Mercer Cnty. Corr. Ctr., CSC Docket No. 2023-977Docket 2023-977
  • In re James, Essex Cnty., Dep't of Corr., CSC Docket No. 2024-415Docket 2024-415
  • In re O.C., Police Officer (S9999U), City of Elizabeth, CSC Docket No. 2021-332Docket 2021-332
  • In re Collins, Newark Pub. Sch. Dist., CSC Docket No. 2018-348Docket 2018-348
  • In re Austerlitz, Bd. of Pub. Utils., CSC Docket No. 2017-3781Docket 2017-3781
  • In re Hanns, Jr., City of Linden, Police Dep't., CSC DKT. NO. 2017-2028
  • In re Pierce, City of Hackensack, Police Dep't., CSC DKT. NO. 2015-1891
  • In re Jeanpierre, Dep't of Human Servs., CSC Dkt. No. 2016-3217
  • In re Wimbush, Dep't of Human Servs., CSC Dkt. No. 2014-923
  • In re J.L., Sheriff's Officer (S9999M), Essex Cnty., CSC Docket No. 2014-2998Docket 2014-2998
  • In re Gourdine, Jersey City, CSC Dkt. No. 2011-5022
  • In re Nunez, Police Officer (S9999M), City of Passaic, CSC Docket No. 2014-1322Docket 2014-1322
  • In re Hopkins, Mercer Cnty.
  • In re Benita Cisrow, Dep't. of Corr., CSC DKT. No. 2013-2347
  • In re Joseph Piserchio, Fire Fighter (M2377H), Newark, CSC Dkt. No. 2013-573cites (b)
  • In re Michael Morris, City of Trenton, CSC Dkt. No. 2012-1733cites (b)
  • In re Robert Trent, Department of Corrections, CSC Docket No. 2012-2923Docket 2012-2923cites (b)
  • In re SalvaDocket CSV 941-09
  • Valluzzi v. Bergen County10 N.J.A.R. 89
Office of Administrative Law initial decisions (9)
  • In re Wilcher et al., Newark School District
  • In re Brown, Salem City Police Dep't, OAL Docket No. CSV 04702-19
  • In re PierceDocket CSV 01242-15
  • In re Hanns, Jr., City of Linden Police Dep'tDocket CSV 00745-17
  • In re BowlesDocket CSV 3256-09
  • In re BernalDocket CSV 3154-07
  • In re AfoloDocket CSV 4145-07
  • In re MartinDocket CSV 6599-03

Commission decisions citing 4A:2-1.5

28 decisions of the Civil Service Commission since January 16, 2019 cite this section (denied 12, granted in part 9, ordered 3, as the minutes record the outcome). The newest:

All 28 decisions

This rule points to

Rules that point here

Elsewhere in Appeals