I was demoted to a different position. May I request a staffing review to challenge that move? 

No. Section 10 of the Public Service Act exempts demotions from staffing reviews. They do not have to be based on merit or the result of an assessment process. Nor can other employees request a staffing review of a demotion. 

Someone was laterally transferred into the position I’ve been waiting to be posted so that I can have an opportunity to compete. May I request a staffing review?  

No. Section 10 of the Public Service Act exempts lateral transfers from staffing reviews. They do not have to be based on merit or the result of an assessment process.  

I was unsuccessful for a management position. May I request an independent staffing review by the Merit Commissioner?  

No. As an excluded employee have access only to the first two steps of the staffing review process:   Feedback from the panel chair   Internal inquiry by the responsible deputy minister or organization head 

What does “directing the ministry to reconsider the decision” really mean? Does the ministry have to start over?  

If the Merit Commissioner directs a reconsideration, it is up to the ministry to decide how to remedy the error(s). The ministry may decide to cancel the competition and start a fresh process. Or, they may decide to fix the error in the existing competition. This may or may not result in a change to [...]

2022-03-10T06:31:26-08:00August 28th, 2021||0 Comments

Can the Merit Commissioner direct a ministry to appoint someone?  

No. The Merit Commissioner can either:   Dismiss the review. This means the Merit Commissioner supports the ministry’s staffing decision.  Direct the ministry to reconsider its staffing decision. This means the ministry must review the competition and make appropriate changes to ensure merit is applied. This may or may not result in a change to who [...]

2022-05-06T04:39:10-07:00August 28th, 2021||0 Comments
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