Summary
The recruiting authority changed the age cut-off for an Amin post after publishing the advertisement and without issuing a corrigendum or inviting applications under the revised criterion. The appellant had qualified under the original cut-off and had already been appointed; that appointment was restored with notional benefits.
Issues
- Whether the recruiting authority could change the age cut-off after the advertisement without a public corrigendum and a fresh opportunity for eligible candidates.
Held
- When an employer changes a qualification or selection criterion after publication of a recruitment notice but before completion of selection, it must issue a public corrigendum and consider applications from all candidates who qualify under the changed criterion. (¶ 8-11)
- The authority could not replace the advertised 1 January 2011 age cut-off with 1 November 2011 through an internal decision and later communication without recalling or correcting the advertisement. (¶ 12-13)
- The appellant’s appointment under the original notice was restored from 27 June 2015 with continuity and notional benefits, but without back wages for work not performed. The respondent’s appointment was revoked. (¶ 13-15)
Result
The appeal was allowed; the appellant’s appointment was restored on the stated terms.