Government Sector Employment (General) Rules 2014
Part 4 Review of promotion decisions
24 Request for review of promotion decisions relating to non-executive roles
(1) A Public Service non-executive employee (the relevant employee) may request a review of the decision to offer, following a selection process, another Public Service non-executive employee ongoing employment in a role for which the relevant employee has unsuccessfully applied (being a role that has a higher remuneration level than the level paid to both the relevant employee and the other employee immediately before the decision was made). Any such decision is referred to in this Part as a promotion decision.(2) A request for the review of a promotion decision may only be made on the ground that the whole or any part of the selection process for the role concerned was irregular or improper. The review is not a review of the merit of the relevant employee for the role.(3) A request for the review of a promotion decision—(a) must be in writing to the head of the Public Service agency in which the role to which the promotion decision relates is to be carried out, and(b) may only be made within the period of 10 business days after the relevant employee is advised of the promotion decision.(4) If a request for the review of a promotion decision is made, the engagement of the other employee in the role to which the decision relates cannot be implemented until the review is completed.(5) A reference in this rule to a role is a reference to a role with a salary that does not exceed the maximum salary for a clerk (grade 12) in the Public Service.
25 Conduct and findings of review
(1) The review of a promotion decision is to be conducted by a Public Service senior executive (the reviewer) who was not involved in the selection process to which the decision relates and who is appointed by the agency head to whom the request for the review is made.(2) The reviewer is to conduct the review within 10 business days after the request for the review is made.(3) After conducting a review of a promotion decision, the reviewer may—(a) if satisfied that the selection process was not in any way improper or irregular, confirm the promotion decision, or(b) if satisfied that the selection process was in any way improper or irregular, make a recommendation to the agency head that the agency head revoke the promotion decision and carry out another selection process for the role concerned.(4) The relevant employee is to be notified in writing of the reviewer’s decision.(5) The decision of the reviewer in respect of the review is final.