Displaced Officers and Promotional Appeals

Executive, 29 January 2008

Report adopted

Two recent decisions of the Government and Related Employees Appeals Tribunal (GREAT) in relation to a Department of Commerce PSA member has clarified displaced officers' position in relation to promotional appeals.

The first decision clarifies that, for the purposes of the GREAT Act, displaced officers do not hold an office within the public service; and the second decision clarifies that a priority assessment to a position is a duly made application to the position.

These decisions give jurisdiction for displaced officers to appeal appointment to positions that they have applied for as a priority assessment, regardless of grade, if the position is not captured by an excluded circumstance.

Importantly, displaced officers who have been unsuccessful in a priority assessment do not need to (re)apply for the position after it is advertised to be eligible to appeal against the eventual appointment.

These decisions are very important for our members who are displaced officers throughout the sector as they now have the right to appeal departmental decisions to promote other officers into positions that they may have been redeployed to.

An article on this issue has been submitted to Red Tape to inform members.