0109 - Staffing Appeal Process

Introduction
Application
Definitions
Guidelines
Procedures
Authorities and References

Introduction

The Staffing Appeal process gives unsuccessful candidates who have appeal rights an opportunity to appeal a staffing decision if they think that a procedural error during the competition process adversely affected how they were considered as an applicant. A hearing may be conducted to review the process to ensure that procedural fairness occurred in the application of applicable legislation, policies, guidelines and procedures.

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Application

These guidelines and procedures only apply to an unsuccessful candidate who applied on any position up to and including Director level and who:
1. is eligible for priority consideration under the Indigenous Employment Policy and who declared that priority eligibility prior to the time at which a verbal offer of employment is given to the appointee; or
2. is an employee (indeterminate, term or casual) of the Government of the Northwest Territories and/or was so at the time of applying on the competition.

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Definitions

Appeal Rights means the entitlement of an unsuccessful candidate to appeal the results of a competition where an offer of employment was made.
Appellant is the individual filing the appeal.
Deputy Minister is the Deputy Minister of Finance or their delegate.
Hearing means to lead a review and examination of competition documents and interviews with the appellant and Selection Committee members.
Human Resource Representative means those employees of the Department of Finance designated to co-ordinate the recruitment process.
Job Offer is a verbal or written offer of employment that specifies the terms and conditions of the employment arrangement.
Merit Principle is the ranking, based on merit, of suitable, qualified candidates of the same hiring priority category.
Procedural Error means an error that may have occurred in the application of the Public Service Act, Staffing Appeals Regulations, or the applicable policies, directives or procedural guidelines during the hiring process.
Proposed Appointee is the individual to whom the job offer has been made.
Selection Committee includes, but is not necessarily restricted to, a Human Resource Representative and the Supervisor of the position being filled. Where appropriate, a member with technical expertise or community representative may be added to the Selection Committee, either as a full participant or in an advisory capacity with no vote in the final hiring decision.
Staffing Review Officer is an individual appointed to provide an independent review of the competition process. The Staffing Review Officer determines whether procedural fairness occurred in the application of legislation, regulations, policies, directives, and procedural guidelines in the competition process and whether the appeal should be granted or denied.

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Guidelines

An appellant who is eligible to file an appeal must do so within the following limits:
1. four business days after the day on which the unsuccessful candidate was verbally notified of the proposed appointment; or
2. five business days after the date upon which written notification of the proposed appointment was faxed or e-mailed to the unsuccessful candidate; or
3. ten business days after the date upon which written notification of the proposed appointment was mailed to the unsuccessful candidate.
Appeal applications must be made in writing to the Deputy Minister. The written appeal should be addressed to:
                                Deputy Minister c/o Staffing Appeals Administrator
                                Department of Finance Box 1320 Yellowknife NT X1A 2L9
                                Fax: 867‐873‐0414 or
                                Email: staffing_appeals@gov.nt.ca
If the appeal application is faxed or e-mailed, the date on the fax or e-mail will be considered the date of receipt. If the appeal application is delivered by hand, the date received stamp will be considered the date of receipt.
Appeal applications must include the following information:
1. the applicant’s name and contact information;
2. the department and region where the applicant is employed, if the applicant is an employee;
3. the applicant’s eligibility for priority consideration under the Indigenous Employment policy, if applicable;
4. the competition title and competition number; and
5. the reason for the appeal, namely the procedural error that the applicant believes to have occurred during the competition that adversely affected their opportunity to be appointed.
The following appointments may not be appealed:
1. an appointment resulting from the classification or reclassification of an existing position;
2. an appointment of a lay-off, unless the appellant is a person with priority under the Staff Retention Policy;
3. a demotion under Section 29(1)(c) of the Public Service Act;
4. return of an employee from leave of absence;
5. a change made for health purposes and which is not a promotion;
6. an appointment of a person completing a Government training program;
7. a direct appointment;
8. an appointment of a person named on an eligibility list; or
9. an appointment to a position as an Executive Manager (i.e.: Deputy Minister, Chief Executive Officer, President, Superintendent of Education, Etc.), Associate Deputy Minister, Assistant Deputy Minister (i.e.: Vice President, Executive Director, Associate Assistant Deputy Minister, etc.), teacher or principal.
The Staffing Review Officer cannot award a job to an appellant if it is determined that a procedural error occurred in the competition process. They may only direct that the competition be restarted at the point at which the error occurred.
The Staffing Review Officer may give the appellant or their representative an opportunity to be heard.
The Staffing Review Officer’s decision is rendered final.

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Procedures

Pre-Hearing

Upon receipt of the appeal application(s), the Deputy Minister informs the applicable Human Resource Representative of the receipt of an appeal.
Within one business day, the Deputy Minister will complete a preliminary review of the appeal application to assess if the appeal application includes all the required information, if the appellant is entitled to appeal, and if the proposed appointment may be appealed.
If the Deputy Minister determines that the appeal application is missing required information, the applicant will be advised without delay so that they have the opportunity to resubmit the appeal application. If the applicant does not resubmit the appeal application within the prescribed timeframe, the application is considered to be dismissed.
If the Deputy Minister determines that the appeal application is not eligible to proceed they will dismiss the appeal and will advise the appellant without delay
Within four days of its receipt by the Deputy Minister, the Staffing Review Officer will assess the appeal application to determine if there are reasonable grounds for the appeal.
If the Staffing Review Officer determines that there are not reasonable grounds for appeal, the Staffing Review Officer may dismiss the appeal application. In such cases, the Staffing Review Officer notifies the applicant and the Deputy Minister without delay.
If the Staffing Review Officer determines that there are reasonable grounds for appeal, the appeal proceeds, and the Staffing Review Officer conducts a hearing. In such cases, the Staffing Review Officer notifies the Deputy Minister without delay.

Hearing

In conducting a hearing, the Staffing Review Officer shall review the competition package and shall review relevant legislation, regulations, policies, directives and procedural guidelines to determine whether an error was made.
The Staffing Review Officer may give the appellant(s) or their representative the opportunity to explain their reason(s) for the appeal.
The Staffing Review Officer may question members of the Selection Committee individually or together about decisions made during the competition process. The Staffing Review Officer may also examine persons responsible for administering the Act, the regulations and the applicable policies, directives and procedural guidelines and any other person the Staffing Review Officer considers necessary.
The Staffing Review Officer examines all the evidence in the competition file and provided by the witnesses to arrive at a decision.

Post-Hearing

The Staffing Review Officer denies the appeal if it is concluded that the competition was conducted in accordance with legislation, regulations, directives, policies, and procedural guidelines. The appointment of the proposed appointee may proceed.
The Staffing Review Officer grants the appeal if it is concluded that the Competition Selection Committee erred in the application of legislation, regulations, policies, directives and procedural guidelines and that this error adversely affected the appellant's opportunity for appointment.
Where the decision is to grant an appeal, the Staffing Review Officer, taking into account the reasons for granting the appeal, may direct that the competition be restarted at the point where the error occurred or be redone.
Within three days of completing the hearing, the Staffing Review Officer prepares a report of the findings, including the reasons for their decision, and provides it to the Deputy Minister.
The Deputy Minister provides a copy of the report to the appellant and the applicable Human Resource Representative. The Human Resource Representative notifies the proposed appointee and the Selection Committee members of the decision.
If the decision is to grant the appeal, the Human Resource Representative follows the Staffing Review Officers direction contained in the report regarding redoing the competition from the point at which the error occurred.
If the Staffing Review Officer identifies any issue(s) during the review of the appeal package that did not adversely affect the appellant but that needs to be addressed to improve the staffing or appeals process, the Staffing Review Officer will advise the Director, Strategic Human Resources in writing.
The Director, Strategic Human Resources reviews appeal reports on a regular basis to determine what action or training can be recommended to the Manager of Human Resource Operations to improve the staffing process.

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