What we do with your application

Assess the application 

When we receive an application, we conduct an initial assessment to determine whether it has met the eligibility requirements. 

The agency who conducted the recruitment process is notified and must put a hold on promotion and any merit pool, ranked merit pool or merit list.

Sometimes we may need to contact the applicant to ask more questions or seek clarification. 

A discretion not to review a promotion decision 

Under section 21(1)(4) of the Public Service Regulations the MPC is required to consider whether an application is reviewable, taking into account whether, it its view: 

• the application is misconceived, lacking in substance, frivolous or vexatious, or
• the applicant has previously applied for a review of the same decision or selection process or
• that in all the circumstances a review of the decision is not justified.

This is a broad discretion and allows the MPC to consider a range of factors including whether the issue raised is negligible or minor – that is it would not, if found to be true, warrant any action to be taken. Another reason may be where a potential outcome has been overtaken by events (for example, a code of conduct process was initiated and/or the promotion did not proceed).  

We will carefully consider the reasons provided by the applicant on why they believe the selection process was not merit-based. We may make contact and ask for more information or evidence in support of the claim.  

When the MPC decides to use this discretion, the applicant will be provided with reasons for the decision. 

Expected time frames for assessment