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The Privy Council restored the High Court’s dismissal of a fire officer’s promotion challenge, holding the executive sets qualifications and no equivalent-qualification determination was shown.
The Privy Council held that Fire Service promotion qualifications were set by the executive, not the PSC, and restored dismissal of Ian Green’s claim.
The Privy Council held that the appellant was eligible to be considered for acting DCFO and was wrongly denied notice and consideration under the regulations.
The Privy Council held that acting fire-service appointments made until further notice were temporary, and that the promotion system was lawful.
The Privy Council held that regulation 15 allowed external advertisement of vacancies without first assessing internal candidates, and regulation 18 did not apply.
The Privy Council held that Regulation 15 allowed external advertisement of vacancies without first applying Regulation 18, and dismissed the appeals.
The Privy Council held that the Public Service Examination Board lawfully adopted fire promotion exam results previously set by an improperly appointed board.
The Privy Council held that Mr Gibson should have been treated as eligible for promotion because a prior court declaration required the PSC to consider him.
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