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• Promotion Appeals

Grounds for a Promotion Appeal

Lodgement

Promotion Appeals Process

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Steps in the Appeals Process (See attached flowchart):

 

• Appellant’s eligibility to appeal is assessed and, if the appeal is accepted, the promotee and agency are advised that an appeal has been lodged
• Request for initial recruitment selection papers is sent to DCIS or agency-based recruitment officer
• Promotions Appeal Board is constituted and hearing date set.
• Initial selection papers are provided to the appellant, promotee and agency together with advice regarding the requirement for confidentiality.  The agency is requested to supply within 7 days copies of any further documents relating to the selection process.
• Copies of any further documents received from the agency are provided to appellant and promotee and the appellant then has a further 7 days to submit a statement of claim.
• Copies of the statement of claim are provided to the promotee and agency, and a further 7 days allowed for any responses.  If responses are received, copies are provided to all parties, with an opportunity to make final comments.
• Appeal papers are provided to Board members to prepare for the hearing, including deciding which witnesses, if any, should be contacted to provide evidence to the Board.

 

Who Determines an Appeal:

 

Promotion appeals are considered and determined by an independent and impartial Promotion Appeals Board comprising: a Chairperson appointed by the Commissioner for Public Employment; a nominee of the Agency in which the promotion occurred; and a nominee of the prescribed employee organisation. The Agency nominee will be an employee who has not taken any part in the selection process, and who does not have line management responsibility for the vacancy which is the subject of the appeal.

 

What happens at the Appeal Hearing:

 

At the Hearing the Board will consider all of the documents relating to the selection process and may, if necessary obtain evidence by contacting witnesses such as members of the selection panel, referees and other witnesses with knowledge of the applicants’ merit.  Generally the Appeal Board will only conduct further investigation into the relative merit of applicants if they conclude that the merit of the applicants was not adequately assessed by the selection panel.

 

What are the possible determinations of the Board:

The Board can make only one of three possible decisions:

 

1.            Disallow an Appeal

• The PAB is satisfied that the selection panel correctly applied the merit test and adequately assessed the merit of the applicants.
• The promotion is affirmed.

2.            Allow an Appeal

• The Promotee goes back to his/her previous level and the Appellant is appointed to the position. (This will only happen occasionally, in situations where the PAB is able to be certain that the selection panel did not adequately assess the applicant’s relative merit and the Board is able to be satisfied that the Appellant clearly has superior merit to the person selected.

3.          Re-advertise:

• The Board directs the CEO of the agency to re-advertise. This will be the result if the Board determines that the selection process did not adequately assess the relative merit of the applicants and further consideration of the applicants’ merits is required.
• Provisional promotion will be cancelled and the position re-advertised. 

 

The Board usually reaches a decision on the day of the hearing.  Following a decision, each of the parties to the appeal is contacted by telephone and advised of the Board’s determination. Detailed written Reasons for Decision are then provided to all parties within 3 working days of the Hearing.

http://www.ocpe.nt.gov.au/appeals_reviews/promotion_appeals/lodgement_process