Summary
Studying Human Resource Management and Industrial Relations as two subjects in an MBA did not establish the prescribed postgraduate qualification or an allied qualification for Labour Welfare Superintendent. The employer was best placed to assess equivalence under the advertisement, subject to review for perversity or inconsistency with the requirements. The Tribunal’s appointment direction and the High Court’s affirmance were set aside, and the candidate’s application was dismissed.
Issues
- Whether the candidate’s MBA subjects satisfied the advertised postgraduate qualification or an allied qualification.
- Whether the Tribunal could replace the employer’s assessment on this record.
Held
- The advertisement required a postgraduate degree or diploma in specified disciplines or an allied subject. Completion of two related courses within this MBA programme did not establish possession of that qualification. (¶¶ 2, 5, 8, 9)
- Where the advertisement did not prescribe a mechanism for equivalence, the employer was best suited to judge whether the degree was allied. Its assessment did not warrant interference unless perverse or contrary to the prescribed requirements; the Tribunal erred in relying merely on the two studied subjects. (¶¶ 9, 10)
Result
Employer’s appeal allowed; High Court judgment set aside and candidate’s Original Application before the Tribunal dismissed. No costs.