I don’t want to be contacted at my workplace. Is that a problem?
We will respect your request about how you wish to be contacted. We recommend you note your preference on your initial review request to the Office of the Merit Commissioner.
Who knows that I’ve filed a staffing review?
In order to conduct a fair review, the Office of the Merit Commissioner must communicate with others involved in the process. However, the number of people is limited to: Responsible deputy minister or organization head who is informed that we have received a request for a staffing review. We provide your name as the requestor, [...]
An auxiliary or short-term temporary (seven months or less) assignment was used to fill a position I’ve been waiting to be posted and compete for. May I request a staffing review to challenge these types of appointments?
No. Section 10 of the Public Service Act exempts short-term temporary appointments from staffing reviews. This means that although auxiliary and short-term temporary appointments must be based on the principle of merit, a competitive process is not required. You cannot use the staffing review process to dispute this type of appointment.
Someone was directly appointed into the position I’ve been waiting to be posted so that I can have the opportunity to compete. May I request a staffing review to challenge that appointment?
No. Section 10 of the Public Service Act permits the Head of the BC Public Service Agency to make a direct appointment in unusual or exceptional circumstances. Although a direct appointment must be based on the principle of merit, a competitive process is not required. This type of appointment is exempt from staffing reviews.
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
The competition was cancelled. Can I still request a staffing review?
No. Section 19 of the Public Service Act specifies the Merit Commissioner can review an appointment. If the competition was cancelled, no appointment was made.
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 [...]
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 [...]
