Recruitment Review and Appeal Policy

Policy Statement

The Public Service Commission (PSC) is responsible for the oversight of recruitment related functions.  A critical component of the merit principle is the ability of applicants to request a review and/or appeal of recruitment actions, if they wish to challenge decisions related to their candidacy.  All decisions of the PSC are final and binding.

Application

This policy applies to all organizations specified in Schedule A of the Public Service Commission Act and to positions in those organizations not otherwise excluded by Section 4 thereof.

Definitions

For the purpose of this policy:

Request for Review – a request filed with the Selection Board Chair to solicit feedback on the decisions made by the Selection Board specific to the applicant’s candidacy.

Request for Appeal – a request filed with the Chair and CEO of the PSC, subject to specified criteria, to examine the processes and actions related to a recruitment process.

Delegated Staffing Authority – delegated authority from the PSC to another government entity to exercise and perform powers and functions of the PSC related to appointment and promotion.

Feedback – a written request by an applicant to the Selection Board Chair to seek information and/or advice regarding their assessment in a recruitment process.

Selection Board – a designated panel/committee led by a Selection Board Chair, convened to conduct competitions for the recruitment of public service positions.

Selection Board Chair – an official who is certified and acting on behalf of the PSC on a Selection Board, convened to conduct competitions for the recruitment of public service positions.

Roles and Responsibilities

Applicants

It is the responsibility of applicants to:

  • submit a written request for review to the Selection Board Chair within seven (7) calendar days upon receiving the notification of their status in a recruitment process or upon becoming aware of an issue(s) of concern;
  • provide relevant information to the Selection Board Chair to reasonably substantiate any issue(s) of concern; and,
  • submit a written request for appeal to the Chair and CEO of the PSC within seven (7) calendar days upon receiving the results of their review.  The request for appeal should not be different than that which was brought forward to the Selection Board Chair, new information will not be considered.  The request for appeal must include the competition number, department, Selection Board Chair, departmental representative, the location of the position, and sufficient information to reasonably substantiate the issue(s) of concern.

Department/Agency and Delegated Staffing Authority

It is the responsibility of the Department/Agency and the entity that holds Delegated Staffing Authority to:

  • adhere to PSC policy;
  • respond to questions/concerns raised by applicants and assist in the resolution of issues brought forward;
  • escalate issues/concerns to the PSC where required;
  • ensure all supporting documentation provided is accurate; and,
  • provide information to the PSC as required in the conduct of an investigation/appeal.

Selection Board

It is the responsibility of the Selection Board to:

  • ensure appropriate notification to applicants at each stage of the selection process advising of change in status; and,
  • respond to a request for review within seven (7) calendar days.

Public Service Commission                                                                                   

The Commission shall:

  • determine if the request falls under PSC jurisdiction;
  • where the nature of the request does not fall within scope (i.e. human resource management issues), advise the applicant and as necessary, confidentially refer such matters to an appropriate authority in a timely manner;
  • where a review has been conducted, consider those results and/or secure further information through those means deemed appropriate;
  • conduct and complete all appeals within sixty (60) calendar days of receipt of the request for appeal;
  • ensure that the appeal process and subsequent decisions are objective, fair and consistent with administrative appeal standards, and ensure accountability for all participants;
  • communicate the findings of the appeal to applicants and the Delegated Staffing Authority; and,
  • provide guidance and interpretation of this policy.

Recruitment Review and Appeal Process