Case studies of merits review outcomes
Gain insights into the Merit Protection Commission's work with de-identified case studies of our review decisions.
Our decisions
These case studies of our decisions are for employees, managers and decision makers to understand how merits review works, our decision making processes and the diversity of the actions and decisions we review.
Information in these case studies is intended to be a guide, and should not be relied upon as legal advice. Decision-makers must consider the individual circumstances of each case before making a decision and not rely on case studies as an expected outcome.
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58 result(s) found, displaying 41 to 58
Employee
Employers
Managers
Conduct and review practitioners
Case study
An agency had independent medical advice indicating an employee was fit to return to work.
Employee
Former employees
Managers
Conduct and review practitioners
Case study
Mitigating factors taking into consideration when determining sanction decision
Employee
Managers
Case study
An example of where the MPC obtained and considered new evidence as part of our review and that information was relevant to our recommendation to set aside the original decision.
Employee
Employers
Case study
Impartial and apolitical public service is important in maintaining public confidence in government
Employee
Conduct and review practitioners
Case study
Shortcomings in the investigative process
Employee
Employers
Case study
Evidence to establish the applicant's conduct
Employee
Conduct and review practitioners
Case study
An example of how the MPC used a preliminary view to raise concerns about an investigation
Employee
Conduct and review practitioners
Case study
Varying the sanction to be proportionate to the misconduct
Employee
Conduct and review practitioners
Case study
The employee was not sufficiently informed of the case against them to give a meaningful response
Employee
Conduct and review practitioners
Case study
Sanction decision was not valid as the decision-maker sanctioned the employee for conduct that did not form part of the breach
Employee
Conduct and review practitioners
Case study
A material procedural defect in the breach investigation process
Employee
Conduct and review practitioners
Case study
The decision-maker did not approach the matter with an open mind
Employee
Managers
Case study
New medical assessment based on further information about the specialist
Employee
Employers
Managers
Case study
No evidence that the employee acted in bad faith or wilfully misrepresented their situation
Employee
Conduct and review practitioners
Case study
Agency withdrawn the sanction decision after accepting the MPC recommendation to set aside the breach
Employee
Conduct and review practitioners
Case study
The warning was not reasonable or consistent with the established practice
Employee
Managers
Case study
An employee made a complaint about bullying in mid-2022 regarding the behaviour of his supervisor. The Agency conducted an investigation into the complaint and made no finding of misconduct, and decided that no further action will be taken about the complaint (the Decision). The employee was advised of the outcome of this investigation in late-2022.
Employee
Managers
Case study
An employee made a bullying complaint in mid-2021 about the behaviour of their supervisor which occurred in 2015 and 2016. The Agency conducted an initial complaint assessment and decided no further action was to be taken (the Decision).