Subject
to the PS Act, an officer is entitled to appeal aganist any of the following
decisions:
- The maximum salary assigned to the officer's
position by the Commission on review of classification and grading;
- A decision to appoint or promote another
person;
- A decision that the officer has breached
the Code of Conduct;
- Any penalty imposed on the officer under
section 43 or section 45;
- A direction under section 46 that an
amount of money be recovered from the officer
- A decision under subsection 35(4) to
transfer the officer from one island of Samoa to another;
- A decision under section 48 to:
- transfer the officer;
- reduce the officer's classification;
or
- terminate the employment of the
officer.
- An officer is not entitled to appeal
aganist a decision to appoint or promote a person to a position unless:
- The officer was an applicant for
that position; and
- The movement of the officer to
that position would have been a promotion.
- The only ground of appeal in relation
to a decision to appoint or promote a person is that the officer appealing
has more merit for the position that the person who was appointed or
promoted.
- Where an officer has appealed aganist
a decision to appoint or promote another person to a position, the appeal
lapses if:
- The officer is promotes to a position
of the same or an equivalent grade;
- The appointment or promotion is
cancelled; or
- The position becomes vacant.
Appealing Aganist a
decision:
- An officer may appeal aganist a decision
by lodging a written notice of appeal with the Commission within 14
days after the date on which the decision was made.
- Anotice of appeal must set out the grounds
of the appeal.
- The Commission may in its discretion
allow an extension of the appeal period
Managing Promotional
Appeals:
STEP 1: Appeal received
PSC acknowledge receipt of appeal. PSC informs the concerned Ministry of appeal
and request submission of the vacancy file and R&S form for consideration
of the validity of the appeal.
STEP 2: Mediation
PSC organizes a meeting comprising of the appellant, the CEO of the concerned
Ministry, the Chairperson of the Selection Panel and a Representative from
the Public Service Commission.
During the mediation, the appellant will have
the opportunity to present his/her grounds of appeal and likewise the chairperson
of the Selection Panel will clarify their assessment and decision.
PSC representative acts as the impartial member
to review the Recruitment and Selection process and assessment and to discuss
areas of concern with a view to `problem solve’. If PSC representative
assessed that due process was not followed or that the appellant has superior
merit to the applicant then PSC representative recommends to the CEO of the
concerned Ministry the appropriate action(s) to be taken.
MEDIATION PROCESS
- Step 1 Appellant:
(Areas/grounds of appeal) Appellant is given the opportunity to clarify
on grounds of appeal; Also explains own strengths and attributes that may
be relevant for the position being appealed for.
- Step 2 CEO:
(Supports for panels decision) The Chief Executive Officer of the concerned
Ministry comments on issues of concern with the appeal. Also facilitates
on the R&S process and decision being made.
- Step 3 Chairperson:
(Post – selection feedback) Walk through the attendants in the interview
process. Clarifies on facts considered by the panel and how the decision
was made.
- Step 4 PSC Representative:
(Legislations, R & S process) Comment on the R & S process and clarifies
on any Legislation involved with the issues raised by the appellant. Comment
on the legitimacy of decision made by the Panel.
STEP 3: Appeal filed with the
Public Service Board of Appeal
If after step 2 the issue is not resolved, the appeal is then submitted to
the Public Service Board of Appeal.
