High Court dismisses judicial review proceedings arising from internal competition for the promotion of prison officers to the position of Work Training Officer, and the review mechanisms of recruitment and selection processes for such, on the grounds that: 1) whether an individual is qualified for appointment to a particular post is a matter for the employer and not for the Commission on Public Service Appointments; and 2) the applicants have not established any legitimate expectation or breach of same by way of the operation of the competition in question.
Employment law – judicial review – internal competition for the promotion of prison officers to the position of Work Training Officer – review mechanisms of recruitment and selection processes – Review of Selection Process – Interview Boards – whether the applicants had a legitimate expectation that the appointments would be made on merit as a result of fair and transparent processes arising from the Commission’s Code of Practice – doctrine of legitimate expectation – Judicial Review of Administrative Action (a comparative analysis), 3rd. Ed, (Roundhall, 2013) Biehler – s. 11 of the Public Service Management (Recruitment and Appointments) Act, 2004 – preliminary application to strike out on the grounds of being moot – failure to move application within the time – status of the report of the Commission on Public Service Appointments – proceedings were brought within the time allowed by the Rules of the Superior Courts – applicants are precluded from relying on Commission's report by reason of s. 48(2) of the Public Service Management (Recruitment and Appointments) Act, 2004 – applicants have not established any legitimate expectation or breach of same by way of the operation of the competition in question – proceedings dismissed.