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25.2.5 'A result of'
The claimed condition must be 'a result of' the member's failure to obtain a promotion,transfer or benefit if the exclusionary provision is to operate. Accordingly, the exclusionary provision does not operate where:
- the member in fact failed to obtain a promotion, transfer or benefit, but this was not connected in any way with the condition later claimed by the member
- the promotion or transfer process was flawed and this caused or contributed to the condition, or
- there are other contributing factors which make a more than minimal contribution to the ultimate condition, i.e. the failure to obtain must be the sole or predominant cause of the condition. Note that this is a matter for the judgment of the Delegate after considering all of the facts and evidence in the particular case.