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 

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