Policy on the exercise of the discretion not to review a matter

The Public Service Regulations provide that an ‘employment action’ is not (or ceases to be) reviewable, if the reviewer considers that review, or further review, is not otherwise justified in all the circumstances.

The purpose of this policy is to explain the Merit Protection Commissioner’s policy on the exercise of this discretion for reviews undertaken by her office. This policy provides examples of the types of situations in which the Merit Protection Commissioner may exercise this discretion.

The policy is not intended to be binding or to limit a decision maker in the exercise of their discretion.

Agencies may find the policy useful when applying the regulations to a review application. Review applicants may find the policy assists in understanding the decisions made in their case.