Dismissal Process Reviews

Special Committee to Review Provisions of the Public Service Act

Report on Dismissal Process Reviews by The Merit Commissioner (Nov 2023)

Dismissal Process Review Purpose

The Merit Commissioner conducts independent reviews of the processes used to carry out just cause dismissals to determine if the process was consistent with the required practices, policies and standards of government.

As a result of the reviews, the Merit Commissioner may identify systemic issues or areas for improvement.

Dismissal Process Review Scope

Eligibility 

The Merit Commissioner may only review dismissal processes involving employees appointed under the Public Service Act.  Organizations include ministries, agencies, boards, and commissions.    

All labour relations or legal proceedings complete must be complete. For example: 

  • If the employee challenges the dismissal:  
    • The process becomes eligible for review six months after all redress or recourse proceedings are complete. 
  • If the employee does not challenge the dismissal:
    • The process becomes eligible for review 12 months following the dismissal. 
The Merit Commissioner Does:
  • Decide which eligible dismissal files the merit commissioner's office will review.
  • Examine the steps or processes that led to the dismissal
  • Decide if dismissal processes met government practices, policies and standards.
  • Provide recommendations to strengthen processes related to just cause dismissals.
The Merit Commissioner Does Not:
  • Determine if an individual was rightly or wrongly dismissed.
  • Accept requests for this type of review.

Dismissal Process Review Approach

The following describes our process of reviewing dismissal processes.

Table summarizing the dismissal process review steps: Receive, Examine, Decide, Report.

Collect information 

We request all the relevant documents about the dismissal. This could include contacting any of the following organizations: 

  • BC Public Service Agency  
  • Responsible organization  
  • Ministry of the Attorney General   

If we need clarification or more information, we follow up with the representative from the appropriate organization.   

Examine and check  

We review the information about the process used to carry out the just cause dismissal. We compare the process to:  

  • Required government practice, policy and standards  
  • Best practices  

Make determination  

The Merit Commissioner determines if the process met the required practice, policy and standards. Also, if best practices were applied.  

Report findings   

We report the Merit Commissioner’s findings and recommendations in an annual report to the Legislature. We present the findings in a way to protect the privacy of the people involved.   

 If you can’t find what you are looking for on this page, please review our Frequently Asked Questions  or reach us at 250-953-4208 or email merit@meritcomm.bc.ca.