These frequently asked questions are intended to provide members with some general guidance on staffing processes and complaints, and are not exhaustive. While every effort has been made to ensure the information is accurate and updated regularly, please consult the Federal Public Sector Labour Relations and Employment Board (Board) website to ensure your information on staffing complaints is current.
No. The Public Service Commission has the authority to investigate external appointments, concerns related to possible political influence or fraud in a selection process or an internal appointment where appointment authority has not been delegated.
If the Commission is satisfied that the appointment was not made or proposed to be made on the basis of merit, or that there was an error, an omission or improper conduct that affected the selection of the person appointed or proposed for appointment, the Commission may revoke (or not make) the appointment, and take any corrective action that it considers appropriate.
Complaints cannot be made for an acting appointment of less than four months, unless it extends the cumulative period of acting appointments to four months or more. The Public Service Employment Regulations excludes these appointments from the provisions of the PSEA dealing with staffing complaints to Board.
Yes. You can with your complaint by filing a written notice of withdrawal with the Board. Your notice of withdrawal must include:
- your name, telephone number and fax number, and a mailing address or email address that can be disclosed to all parties;
- the name, address, telephone number, fax number and email address of your authorized representative, if any;
- the Board´s file number for the complaint;
- a statement that you wish to withdraw the complaint;
- the name of the department or agency, branch or sector involved in the process to which the complaint relates;
- your signature or the signature of your authorized representative; and,
- the date of withdrawal.
If you have been represented during the complaint process, it is your responsibility to advise your representative, as soon as possible, that you wish to withdraw your complaint.
Staffing complaint decisions of the Board are final and may not be appealed. They may however, be subject to judicial review by the Federal Court of Appeal on limited grounds. Applications for judicial review must be filed in accordance with the procedures and timeframes set out in the Federal Courts Act and the Federal Courts Rules. As a matter of general practice, the AJC does not usually apply for judicial review of staffing complaint decisions.
1. See Gaudreau v. Deputy Minister of Fisheries and Oceans, 2013 PSST 0023, available online.