Do you legally have to advertise an open position in your company?
Our Board of Directors is questioning the CEO about the hiring of an IT manager without officially advertising the position in the newspaper. She did, however, let the board know at several meetings that we were actively looking.
However, the appointment of a position is a management decision. The exception to this rule, would be if there is a disseminated policy or a standard practice that all job openings at the company are routinely posted internally for a specified period of time and that internal applicants get first consideration. Even so, most of these kinds of policies have a disclaimer for specific situations to provide management the discretion necessary to act in a timely fashion and protect the best interests of the company.