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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44 result(s) found, displaying 21 to 40
Managers
Conduct and review practitioners
Case study

Biased investigator

Evidence the investigator was not impartial
Employee
Recruitment team
Case study

'Serious defects' in recruitment

The test of what is a 'serious defect' in an EL1 and EL2 recruitment process is a high standard
Employee
Employers
Managers
Conduct and review practitioners
Case study

Complaint handling

Complaint handling procedures in a bullying and harassment behaviour
Conduct and review practitioners
Case study

The bias rule

Reviewers need to independently consider the evidence
Employee
Managers
Case study

Improper use of position to gain advantage not established

The Agency commenced a Code of Conduct process against an employee, alleging that the employee had sent emails containing work-related information from his work email address to his personal email address
Employee
Managers
Case study

Lawful and reasonable direction

An employee and a colleague engaged in a trail of email communications about a matter within the workplace. The colleague objected to the inappropriate assertions made in and tone of the employee’s correspondence. The employee continued to use disrespectful and discourteous language in their subsequent correspondence to their colleague.
Employee
Managers
Case study

Eligibility - Exceptional circumstances exist

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

Complaint about final entitlements

Former APS and Parliamentary Service employees can make a complaint to the Merit Protection Commissioner ‘that relates to the employee’s final entitlements on separation.’ The Merit Protection Commissioner holds discretion as to whether they will investigate these types of complaints, and, if they decide to do so, they can make recommendations to the employee’s former agency in relation to the complaint.
Employee
Managers
Case study

Formal counselling, performance management

The employee applied to the Merit Protection Commissioner (MPC) for review of a decision to issue them with formal counselling, and to retain a record of the counselling on their personnel file for a period of one and a half years (the Decision).
Employee
Managers
Conduct and review practitioners
Case study

Assessing performance fairly and reasonably

Click here to read a case study about a review into a performance agreement, where the employee felt that their rating was unfair.