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25.2.2 What is a Failure to Obtain a Promotion, Transfer or Benefit?


A broad approach should be taken to what constitutes a 'promotion, transfer or benefit' for the purposes of the exclusionary provision, provided that:

  • it was 'connected with' the member's employment, and
  • the promotion or transfer process was correctly carried out (see the discussion of 'flawed process' below).

Post-promotion counselling can form part of the promotion process, particularly if it is a mandatory requirement: Re Parker and Comcare (1996). On the facts of the case, however, the Tribunal found that the post-promotion counselling session 'actually went substantially beyond this goal and degenerated into a broadly based and somewhat hostile career counselling session', which did not fall within the exclusionary provision.