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Grounds for a Promotion Appeal

Promotion appeals can only be lodged on the grounds of superior merit to the person selected for the vacancy.

Merit is defined in the Public Sector Employment and Management Act as: “the capacity of the person to perform particular duties, having regard to the person’s knowledge, skills, qualifications and experience and the potential for future development of the person in employment in the Public Sector.” 

Appellants often appeal because they are not satisfied that their merit has been adequately assessed in the selection process. Detailed and complete post-selection feedback can help to address such concerns. Selection panels are urged to provide meaningful written feedback to applicants in individual reports provided at the end of the selection process.  These reports should make it clear to applicants why the successful applicant was found to have superior merit for the position. It is recommended, particularly in cases where applicants are highly rated but not selected, that comparative information regarding the superior merit of the successful applicant is included in the individual report. 

If the individual selection report does not provide sufficient information for an applicant to understand the reason for the panel’s selection, applicants are strongly encouraged to ask for further written post-selection feedback to assist them in deciding whether or not to appeal on the ground of superior merit.

Grievances about Selection Processes

If an employee is aggrieved about treatment in the selection process, but not claiming superior merit, or not eligible to appeal to the Promotions Appeal Board, they may seek a grievance review by the Commissioner of Public Employment.

If an employee is unsure as to whether to lodge a promotion appeal or request a grievance review, further information and advice may be obtained from the Promotion Appeals & Grievance Reviews unit.