When you can appeal
A promotion appeal can be made against a selection for a vacancy in excess of 6 months.
You can only appeal if:
- the selection is a promotion* for both the person appealing and the person in the role and
- both were Northern Territory Public Service employees at the time of their application for the vacancy.
Both people must have applied for the vacancy. If not, they must be granted leave to appeal by the commissioner.
* Promotion means giving to an employee higher attainable maximum salary than the salary previously attainable by the employee at their nominal level.
The appeal period is 14 days, commencing on the day on which the provisional promotion is notified.
Notice of an appeal must be given to the Public Sector Appeals and Grievance Reviews.
How to lodge
Grievances about selection decisions
There are no promotion appeal rights against selections that are not promotions.
Employees can't appeal the following:
- transfers at level
- selections of persons who were not NTPS employees, or
- selections to positions advertised as executive contract positions.
To dispute selections that are not promotions may seek a section 59 review of the decision by the Commissioner for Public Employment.
The commissioner has the power following review to either:
- confirm the selection or
- direct the agency involved to take another action.
Promotion appeals process
Read below for the appeals process.
- The appellant’s eligibility to appeal is assessed.
- If the appeal is accepted, the provisional promotee and agency are advised that an appeal has been lodged.
- Get the recruitment papers from eRecruit.
- Public Sector Appeals Board convenes and date set for the board to meet.
- All selection documents are provided to the appellant, provisional promotee and agency along with advice regarding the requirement for confidentiality.
- The agency is requested to supply within 7 days, copies of any further documents relating to the selection process.
- Copies of any further documents received from the agency are provided to appellant and provisional promotee
- the appellant then has a further 7 days to submit a statement of appeal
- Copies of the statement of appeal are provided to the provisional promotee, and a further 7 days allowed for any response.
- If a response is received, copies are provided to the appellant, with an opportunity to make final comments.
- Appeal papers are provided to board members to prepare for the hearing, including deciding which persons may need to be contacted to provide further information to the board.
- The appellant and provisional promotee are not required to attend when the board meets.
Get the promotion appeals process - flowchart .
Conduct of appeals
- affirm the decision or
- vary the decision.
- return the matter to the relevant chief executive officer for reconsideration
- replace it with the board’s decision.
After the appeal
Read the legislation
- section 59B – promotion appeals, and division 2
- section 59 – grievances and employment instruction number 8 - internal agencies complaints and section 59 grievance reviews .
Last updated: 24 September 2021
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