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Objection to Staffing Appointments
May 12, 2006
The Public Service Modernization Act (PSMA) has significantly changed the way staffing appeals are handled for all staffing actions initiated after December 31st, 2005.
The PSST
The Public Service Staffing Tribunal (PSST) is an independent administrative tribunal responsible for receiving, assisting with resolving, hearing and deciding complaints related to internal appointments, lay-offs, revocation of internal appointments, and appointments made or proposed as a result of the implementation of corrective action.
Types of Complaints
The Public Service Employment Act (PSEA) provides the PSST with the authority to intervene in the following types of appointment complaints:
- Lay-off - the complainant must allege and provide evidence to demonstrate that a Deputy Head abused their authority in selecting them for lay-off;
- Revocation of Appointment - the complainant must allege and provide evidence to demonstrate that the revocation was unreasonable;
- Internal Appointments - the complainant must allege and provide evidence to demonstrate that there was an abuse of authority related to an appointment or that their right to be assessed under the official language of their choice was denied;
- Failure to Implement Corrective Action - the complainant must allege and provide evidence to demonstrate that the Deputy Head abused their authority in failing to implement any corrective action imposed by the PSST.
Informal Discussion
In the case of internal appointments, before a complaint can be filed, the employee has the opportunity to discuss the appointment with the hiring manager in an informal, one-on-one meeting. This is referred to as an Informal Discussion. If the employee is dissatisfied with the results of this discussion, they can then file a complaint.
The Complaint Process
The PSST may offer and provide mediation services to the parties in an attempt to reach an amicable resolution to the issue.
Once a complaint is filed with the PSST, an acknowledgement of receipt will be sent to all parties. Parties will then have 25 calendar days (formerly know as the Disclosure Period) to exchange information related to the complaint. Both parties must comply in a timely manner. If either party feels the other is being less than fully compliant, a written objection to the PSST may be submitted.
The complainant must formulate and submit, within 10 calendar days of the end of the information exchange period, the allegations supporting their complaint. The Deputy Head has 15 calendar days to respond to the allegations.
The PSST will review the allegations, the departmental response and all supporting evidentiary documentation and may call a hearing to hear arguments.
The PSST will then render a decision that is final and binding.
What are my Options?
If you believe you have grounds to object to an appointment or if you have any questions or concerns, please call a Labour Relations Officer at the ACFO National Head Office at 613-728-0695.
For More Information visit:
Public Service Commission of Canada www.psc-cfp.gc.ca
Public Service Staffing Tribunal www.pssttdfp.gc.ca/epic/internet/inpsst-tdfp.nsf/Intro
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