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Chairperson’s Message

I am pleased to present the 2010–11 Departmental Performance Report. This year marks the sixth year of operations for the organization. With a full complement of members, a team that has gained much experience combined with the number of cases that have somewhat stabilized, the Tribunal has truly reached a cruising altitude.

Looking back on the past year, innovation best summarizes the Tribunal’s work and business approach. In order to optimize the use of resources and maintain the cost of services at current levels, two pilot projects were successfully completed: the settlement conference pilot project and the telephone and videoconferencing mediation pilot project. The results of these pilot projects were analyzed and both projects have now been integrated into the Tribunal’s regular business process. We believe that these new tools will prove helpful to our stakeholders in resolving complaints while lowering costs to parties and for the Government of Canada. Support and engagement from employees and stakeholders were key factors in the success of these pilots.

In 2010–11 the Tribunal moved closer to achieving its target of rendering 80% of its decisions within four months of the hearing. This remains a top priority in the next fiscal year. We are confident that with a complement of trained and experienced members, the Tribunal will continue to make progress and reach this target.

We also completed the process of amending the regulations that set out practice and procedure before the Tribunal. The amendments, which come into force in May 2011, will ensure greater efficiency and simplify its process as they reflect current practices.

For the first time, the Federal Court of Appeal heard an appeal involving a Tribunal decision. Although the Court granted the appeal and the decision was remitted back to the Tribunal, the Court endorsed the Tribunal’s interpretation of abuse of authority in the context of the Public Service Employment Act.

Since the Tribunal’s establishment, over 90% of all complaints received have been resolved at different stages of the complaint process, without a hearing. The Tribunal’s approach focuses on exchange of information, real dialogue and settlement of complaints.

Today we continue to innovate and redefine our processes and services. The Tribunal plays a key role in upholding the staffing values contained in the Public Service Employment Act namely, effective dialogue, respect for employees, and recourse aimed at resolving appointment issues.

SECTION I: Organizational Overview

Raison d’être

The Public Service Staffing Tribunal is an independent, quasi-judicial body established under the Public Service Employment Act to deal with complaints related to internal appointments and lay-offs in the federal public service. To resolve the complaints it receives, the Tribunal conducts hearings and provides mediation services.

Responsibilities

The Public Service Staffing Tribunal was established with the coming-into-force of the new Public Service Employment Act on December 31, 2005 as part of the new arrangements for staffing recourse. The legislative mandate of the Tribunal is to consider and dispose of complaints dealing with internal appointments, lay-offs, revocation of appointments, and the failure of corrective action ordered by the Tribunal. Under the Act, the Tribunal is also authorized to provide mediation services at any stage of a proceeding.

Strategic Outcome and Program Activity Architecture (PAA)

[Description]

Organizational Priorities

Performance/Priority Status Legend

Exceeded: More than 100 per cent of the expected level of performance (as evidenced by the indicator and target or planned activities and outputs) for the expected result or priority identified in the corresponding Report on Plans and Priorities (RPP) was achieved during the fiscal year.

Met all: 100 per cent of the expected level of performance (as evidenced by the indicator and target or planned activities and expected outputs) for the expected result or priority identified in the corresponding RPP was achieved during the fiscal year.

Mostly met: 80 to 99 per cent of the expected level of performance (as evidenced by the indicator and target or planned activities and expected outputs) for the expected result or priority identified in the corresponding RPP was achieved during the fiscal year.

Somewhat met: 60 to 79 per cent of the expected level of performance (as evidenced by the indicator and target or planned activities and outputs) for the expected result or priority identified in the corresponding RPP was achieved during the fiscal year.

Not met: Less than 60 per cent of the expected level of performance (as evidenced by the indicator and target or planned activities and outputs) for the expected result or priority identified in the corresponding RPP was achieved during the fiscal year.

Priority	Type1	Strategic Outcome The fair and impartial resolution of disputes related to internal appointments and lay-offs in the Government of Canada
Efficient and simplified processes	Previously committed to	The Tribunal’s priorities are directly related to both its strategic outcome and program activity, the adjudication and mediation of complaints under the Public Service Employment Act. Improving or streamlining the tools, policies and processes that assist the Tribunal in effectively resolving complaints and better managing the organization contributes directly to its strategic outcome.
Status: Mostly Met
The Tribunal completed its two planned pilot projects, analysed results and made required adjustments: Telephone and videoconference mediations and settlement conferences will henceforth form part of the Tribunal’s complaint resolution tool kit. The Tribunal’s Interest-based Negotiation and Mediation Training Course was reviewed and streamlined. An updated course, offering an expanded presentation on the Tribunal’s jurisprudence, will be offered in 2011–12. Amended procedural regulations were finalized and will be in force in May 2011. Amendments now ensure greater clarity and reflect current practice and procedures. The Tribunal implemented changes to its practice regarding motions to dismiss. Acknowledgement letters to complainants were reviewed and simplified. A policy to assist complainants making accommodation requests was drafted and reviewed internally. Consultations on the draft will take place in the next fiscal year. New financial reports were created; others were merged to provide management with a better overall picture of the organization’s financial situation. Simplified electronic monitoring of the cap on travel, hospitality and conference expenses was implemented. Status reports were implemented to better monitor the Tribunal’s shared service agreement with its service provider.

Priority	Type	Strategic Outcome The fair and impartial resolution of disputes related to internal appointments and lay-offs in the Government of Canada
80% of reasons for decision issued within four months of the hearing	Previously committed to	The Tribunal’s priorities are directly related to both its strategic outcome and program activity, the adjudication and mediation of complaints under the Public Service Employment Act. By rendering decisions in a timely manner, the Tribunal is fulfulling its mandate and contributing effectively and directly to its strategic outcome.
Status: Not met
In 2010–11, the Tribunal continued to improve its performance from previous years. Over 27% of decisions were rendered within four months of the hearing compared to 15% the previous year. With a full complement of trained and experienced members and with decisions that remained from 2009–10, when the Tribunal had only two permanent members, being completed, it is expected that the Tribunal will continue to make progress in achieving its ambitious target.

Priority	Type	Strategic Outcome The fair and impartial resolution of disputes related to internal appointments and lay-offs in the Government of Canada
A workplace where people feel valued and know the importance of their contribution	Previously committed to	An engaged workforce and a healthy workplace leads to greater productivity and satisfaction, both of which contribute to the achievement of the Tribunal’s objectives and support its sole program activity – the adjudication and mediation of complaints under the Public Service Employment Act.
Status: Mostly Met
Due to limited advancement opportunities within the organisation, the Tribunal previously put in place a comprehensive learning and development program. Efforts continued to assist staff who are seeking to improve or acquire new competencies geared to career progression in the public service. In addition, several employees went on secondments acting in positions at a higher level. An annual retreat focussing on personal accountability and health and wellness was held in October. A review and additional information on the Tribunal’s informal conflict management system was given to employees. Employees attended a presentation on the International Conflict Resolution Day (October 21). A number of team building activities that sought to underscore the work and achievements of sectors or of employees were held.

Risk Analysis

Operating Environment

The PSST was able to manage its caseload effectively as it received 775 complaints, a slight increase from the previous year. The number of complaints received has somewhat stabilized over the last four years to an average of 773 per year. However, given that the Tribunal’s quasi-judicial function is to respond to matters it receives, planning remains challenging. There is a concern at present that predicted layoffs in certain parts of the public service and large appointment processes in other parts may lead to a significant increase in the number of cases the Tribunal will receive. To mitigate these risks, the Tribunal continues to seek efficiencies through increased use of technology, reduced travel and rental costs by conducting settlement conferences and mediations over the telephone or videoconference and the hiring of mediators who reside in different regions across Canada.

Case management system

The Tribunal’s case management system (CMS) remains a risk as efforts to identify an acceptable “off the shelf” product were unsuccessful. Support for the present software will no longer be available after 2012. Throughout the year, Tribunal officials worked with other quasi judicial agencies who are also seeking to replace their CMS to find a common solution. The Tribunal participated in the Treasury Board Secretariat’s (TBS) study entitled Case Management Solutions Assessment for Small Departments and Agencies. Work with TBS and other small agencies to find a common solution will continue in the next fiscal year.

Processing time

The Tribunal has managed over the years to reach an objective that many quasi-judicial organizations find difficult to attain, i.e. not accumulating a backlog of cases. Although some cases are carried over from the previous year, the Tribunal closes almost as many cases each year as it receives. In 2010–11, 775 complaints were received and 722 files were closed. However, complex cases involving human rights issues and self-represented complainants continue to prove challenging and are a factor in the time it takes to process a case and ultimately write the decision.

Another issue that affects the time it takes to process a case is the availability of parties for mediation, a settlement conference or a hearing. To try and alleviate this problem, the Tribunal now schedules hearings four to six months in advance and immediately sends out the Notice of Hearing to the parties.

Quality of decisions

In addition to the timeliness of decisions, another risk involves the quality of the decisions. Decisions that are not based on sound legal principles and not coherent would lead to flawed jurisprudence and create uncertainty in the client community. This underscores the importance of the quality of Governor-in-Council appointments made to the Tribunal as well as training and support provided to the Tribunal’s members.

Human Resources

The PSST like most micro-agencies faces human resources challenges due to retirements and the lack of career progression opportunities. The impact of staff turnover can be significant. Maintaining the Tribunal’s corporate knowledge requires focus on training and succession planning. In the last year, the Tribunal has responded by putting more emphasis on its learning program and by giving employees opportunities to expand their career development opportunities through secondments to other organizations.

Summary of Performance

2010–11 Financial Resources ($ thousands)

Planned Spending	Total Authorities	Actual Spending
5,463	5,598	4,747

*Please note: Financial Resources should equal the sum of the Total line for Program Activities and Internal Services*

2010–11 Human Resources (full-time equivalents–FTEs)

Planned	Actual	Difference
39	34	5

Strategic Outcome: The fair and impartial resolution of disputes related to internal appointments and lay-offs in the Government of Canada

Performance Indicators	Targets	2010-11 Performance
Percentage of complaints referred to judicial review on the grounds that the Tribunal failed to observe a principle of natural justice, procedural fairness or other procedure.	3%	Only 0.7% of all final decisions were referred to judicial review on the grounds that the Tribunal failed to observe a principle of natural justice, procedural fairness or other procedure. Any result below the 3% target is an indication that the Tribunal has met or exceeded its level of performance. Of the 140 final decisions (33 Reasons for Decision and 107 Letter Decisions) issued, only one judicial review application was made to the Federal Court on the grounds mentioned above.

Program Activity	2009–10 Actual Spending ($ thousands)	2010–112 ($ thousands)				Alignment to Government of Canada Outcome
		Main Estimates	Planned Spending	Total Authorities	Actual Spending
Adjudication and mediation of complaints filed under the Public Service Employment Act	3,264	3,884	3,884	4,000	3,477	Well-managed and efficient government operations.
Total	3,264	3,884	3,884	4,000	3,477

Program Activity	2009–10 Actual Spending ($ thousands)	2010–11 ($ thousands)
		Main Estimates	Planned Spending	Total Authorities	Actual Spending
Internal Services	1,621	1,579	1,579	1,598	1,270

 

Expenditure Profile

The Tribunal’s actual spending was $4.7 million in 2010–11. The Tribunal’s expenditures have increased since the PSEA came into force in December 2005 as the number of complaints filed with the Tribunal rose. Since its establishment in 2005, the Tribunal has steadily built up its capacity and invested in its infrastructure to deliver its activities.

The Tribunal was originally established with a planned expenditures budget of $5 million on the assumption that approximately 400 complaints would be submitted per year. This number was reached in the Tribunal’s second year of operations (2006–07). An average of 773 complaints has been received in the last four fiscal years (April 1, 2007 to March 31, 2011). Despite the significant increase in the number of complaints, the Tribunal has continued to operate within the resources that were originally allocated. The number of complaints received in 2010–11 was 775 which represent a slight increase from the 742 complaints last year.

The chart below shows the Tribunal’s spending trend over a three-year period.

[Description]

Estimates by Vote

For information on our organizational Votes and/or statutory expenditures, please see the 2010–11 Public Accounts of Canada (Volume II) publication. An electronic version of the Public Accounts is available on the Public Works and Government Services Canada website.³

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