Appeals

The purpose of this article is to assist the members in understanding their rights and responsibilities when filing an appeal, under the provisions of section 21 of the Public Service Employment Act.

Before taking action to appeal an appointment or proposed appointment following a competition or a selection process without competition, the Association recommends that you contact the National Office for advice, to ensure that you properly understand the process involved and your rights.

Post-Board Interview

If you are an unsuccessful candidate in a given competition, the Association recommends that you request a post-board interview from the selection board in the early stages of the appeal period. During this interview, which is different from the "disclosure" process, the department will inform you of the principal reasons why you were not selected for the job. It must be emphasized that the 14-day appeal period continues to run, regardless of when the interview is scheduled. Do not risk losing your right of appeal. File your appeal within the appeal period, with the possibility of withdrawing it after the post-board interview if you are satisfied with the explanations offered by the department.

Filing an Appeal

Contact the Association at the National Office and a representative will be assigned to assist and guide you throughout all the phases of the appeal process. The Association will provide representation for members in good standing for an appeal against an appointment or proposed appointment affecting positions within the bargaining unit. In addition, the Association represents only the party who alleges there has been a breach of the Public Service Employment Act, i.e. the appellant. The department is responsible for defending the integrity of the process surrounding merit and their choice of the successful candidate(s). The successful candidate does have the right to be heard at an appeal hearing by presenting evidence and making arguments.

In the notice of the results of a competition given to all unsuccessful candidates, time limits for the filing of an appeal are clearly outlined. The Public Service Regulations provide a strict limit of 14 calendar days for filing an appeal, following the day when you are legally notified of your right of appeal. You must file your appeal in writing, either by completing the Public Service Commission (PSC) Appeal Document or by sending a letter, e-mail or facsimile message, which becomes the appeal document. You must send this document to the PSC, preferably to the Registrar of Appeal Boards, 300 Laurier Avenue West, L'Esplanade Laurier, West Tower, 11th Floor, Ottawa ON KlA OM7. If your appeal document is sent by mail, it must bear a postmark dated no later that the last day of the appeal period. If your document is sent by fax, it must be received by the PSC no later than the last day of the appeal period.

Disclosure

Disclosure consists of an exchange of documents and information among the parties concerned, including the general allegations as to what was improper about the selection process. Disclosure should be completed within 45 days from the date you were notified by the Registrar of Appeal Boards. At the disclosure meeting you and your Association representative will meet with the selection board members to disclose all pertinent documents used in the selection process pertaining to you and the successful candidate(s). Following the meeting, a representative of the Association will review with you the strengths and weaknesses of your case to assist in determining future action required, if any. It is the experience of the Association that the majority of appellants' concerns and issues are clarified to the satisfaction of the members following the disclosure process, and as such, the majority of appeals are withdrawn after the disclosure phase.

In the event that the appellant wishes to pursue their appeal, detailed allegations must be submitted to the department within the prescribed disclosure period (45 days). The appellant and departmental officials will advise the Registrar at the PSC of the disclosure outcome and a hearing will be scheduled.

Early Intervention Program

This Program is a voluntary, non-binding process offered by the Recourse Branch of the PSC to assist the parties to address, and where possible, to resolve concerns which relate to a selection process in a non-adversarial manner before proceeding to a formal appeal hearing. It is designed to facilitate an early intervention, interest-based resolution to specific issues and contextual staffing issues in the workplace. After the parties have submitted a request, a recourse officer will be appointed by the PSC to assist the parties in finding a resolution. Although the scheduling of an appeal hearing will generally not be delayed because of an early intervention meeting, it may be necessary to formally extend the disclosure. The Association encourages its members, where practical, to take advantage of the program. Throughout these proceedings, an Association representative will be available to assist the member and to provide advice.

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