Public Service Staffing Tribunal

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Public Service Staffing Tribunal

• Public Service Commission
• Get Ready Sessions
• Fall 2005

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What is the PSST?

• New independent administrative tribunal enacted
  by the PSEA
• Between five and seven permanent members,
  including Chairperson and Vice-Chairperson
• Unlimited number of temporary members
• Permanent members appointed by the Governor in
  Council for a term not exceeding five years

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What are our goals?

• Offer access to impartial, transparent and timely
  recourse
• Promote the use of the alternative dispute
  resolution mechanism
• Put in place modern, economical and efficient
  case management system

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Achievements to date

• Chairperson and Vice-Chairperson appointed
• Transition team in place
• Offices are ready
• Agreement with PSLRB for shared services
• Draft regulations prepared, consultations held
  and revised draft sent to DoJ for review
• Web site

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Ongoing activities

• Participation in the PSCs Get Ready sessions
• Presentations to various groups and departments
  in the NCR and regions
• In development
• Procedural guide to accompany regulations
• Communication tools
• Mediation training module
• Case management system
• Staffing

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PSSTs mandate subs. 88(2)

• To consider and dispose of complaints related to
• internal appointments
• lay-offs
• implementation of a corrective measure ordered by
  the Tribunal
• revocation of an appointment

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New definition of merit (s. 30)

• Person meets essential qualifications for the
  work to be performed
• PSC or delegated manager may have regard to
• Any additional qualifications
• Current and future operational requirements
• Current and future needs of the organization
  identified by the deputy head
• Not required to consider more than one person

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Grounds for complaint

• Abuse of authority
• Internal appointments (s. 77)
• in the application of merit
• in the choice of appointment process (advertised
  vs non-advertised)
• Lay-off (s. 65)
• Failure of corrective action (s. 83)

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Grounds for complaint (contd)

• Discrimination as defined under the Canadian
  Human Rights Act
• In the case of internal appointments and lay-offs
  only (ss. 65(7) and 80)

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Grounds for complaint (contd)

• Failure to assess a person in official language
  of their choice (s. 77)
• Decision to revoke appointment was unreasonable
  (s. 74)

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Powers

• Internal appointments (s. 81)
• Where complaint is founded
• May order deputy head or PSC to revoke
  appointment, or not to make appointment, and
  take any corrective action considered appropriate
• In cases alleging discrimination, may award
  damages pursuant to CHRA

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Powers (contd)

• Lay-off (s. 84)
• Where complaint is founded
• May set aside the decision to lay off employee
  and order deputy head or PSC to take any
  corrective action considered appropriate
• In cases alleging discrimination, may award
  damages pursuant to CHRA
• Revocation (s. 76)
• May set aside the revocation

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Powers (contd)

• Failure of corrective action (s. 83)
• Where complaint is founded
• May order deputy head or PSC to revoke
  appointment resulting from corrective action, or
  not to make appointment
• May give any directions that it considers
  appropriate

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PSST Regulations

• Objectives
• Make them understandable
• Cover essential matters
• Ensure adequate flexibility in the process

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General Provisions

• Same 15-day time limit for bringing complaints
  applies to all types of complaints
• Time limits may be extended or reduced in special
  circumstances
• Related complaints may be consolidated
• Intervenor status may be granted if substantial
  interest in the proceeding

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Filing of documents

• Complaint filed with Executive Director who sends
  copy to deputy head or PSC
• Deputy head or PSC provides Executive Director
  with names and addresses of successful candidates
  or others affected by a lay-off
• Executive Director provides copies of complaint
  to all parties, including intervenors and CHRC
• Complainant or deputy head or PSC provides copies
  of related documents to the parties

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Notice to the CHRC

• Where complaint raises issues under the CHRA,
  complainant provides notice to CHRC
• Notice may be given at any stage of the process
• Within 15 days of receiving notice, CHRC
  indicates its intention to make submissions

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Exchange of information

• To ensure that all parties have access to the
  same information
• 25 days to complete
• Tribunal may order parties to provide access to
  information or document
• For reasons of national security, a persons
  safety or to ensure the validity of a test, some
  documents may remain protected

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Mediation

• Parties have 25 days to inform PSST of decision
  to participate in mediation
• Is always optional and can take place at any time
  during the process
• Every effort will be made to resolve complaints
  through mediation before proceeding to a hearing

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Allegations and Replies

• Complainant has 10 days after exchange of
  information to file allegations
• If no allegations provided, complaint may be
  considered withdrawn by PSST
• Deputy head or PSC has 15 days to reply
• Other parties have 10 days to reply
• Amended or new allegations may be filed in
  certain circumstances

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Hearings

• Before one member of PSST
• Examination, cross-examination and arguments
  presented by representatives of parties unless
  unrepresented
• PSST will go to location of complainant
• May have oral or paper hearings
• Decision is final, subject to judicial review
• Orders may be filed with Federal Court

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Complaint filed Within 15 days of being informed
of the appointment or proposed appointment,
lay-off, or revocation of appointment
Notice to Canadian Human Rights
Commission, if applicable
M E D I A T I O N
Exchange of information 25 days to complete
Complainant has 10 days after exchange to file
allegations
Deputy Head or PSC has 15 days to reply to
allegations
Other parties have 10 days to provide reply (if
any)
Notice of hearing
Hearing held (unless matter settled or withdrawn)
Decision rendered
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How to reach us

• Public Service Staffing Tribunal
• 240 Sparks Street, 6th Floor West
• Ottawa, K1A 0A5
• Tel. [phone]
• Fax [phone]
• www.pssttdfp.gc.ca