This page has been archived.
Information identified as archived on the Web is for reference, research or recordkeeping purposes. It has not been altered or updated after the date of archiving. Web pages that are archived on the Web are not subject to the Government of Canada Web Standards. As per the Communications Policy of the Government of Canada, you can request alternate formats on the "Contact Us" page.
As Chairperson of the Public Service Staffing Tribunal, I am pleased to present this Report on Plans and Priorities.
The Tribunal is an independent, quasi-judicial body with a mandate to consider and dispose of complaints under the provisions contained in the Public Service Employment Act for staffing and staffing recourse in the federal public service.
The Tribunal has adopted an approach that allows parties to a complaint to resolve their differences through informal processes based on communication and sustained dialogue. Accordingly, the Public Service Staffing Tribunal Regulations provide several opportunities in the complaint process for the parties to come to a resolution without a formal hearing, such as a 25-day exchange-of-information period, pre-hearing conferences and mediation.
These informal mechanisms have proven to be very successful in the achievement of the Tribunal’s strategic outcome: The fair and impartial resolution of disputes related to internal appointments and lay-offs in the Government of Canada. The priorities described in this report are intended to support the Tribunal’s program activity: The adjudication and mediation of complaints filed under the Public Service Employment Act.
To strengthen and build on the Tribunal’s successes to date, the PSST has identified the following main priorities for 2009–2010:
With the introduction of settlement conferences where parties will be able to discuss the strengths and weaknesses of their case with a Tribunal member, the Tribunal will provide an additional opportunity for resolving complaints informally while continuing to strengthen its existing polices and procedures. Enhanced communications with its key stakeholders will help to increase awareness of the Tribunal’s processes and promote the use of alternate dispute resolution.
In this way, the Tribunal contributes to the building of a public service characterized by fair, transparent employment practices, respect for employees, effective dialogue and recourse aimed at resolving appointment issues.
Guy Giguère
Chairperson and Chief Executive Officer
The Public Service Staffing Tribunal (“the Tribunal”) is an independent, quasi-judicial body established under the Public Service Employment Act (PSEA) to deal with complaints related to internal appointments and lay-offs in the federal public service. The Tribunal conducts hearings and provides mediation services in order to resolve complaints.
The Tribunal derives its mandate from the PSEA and is responsible for the impartial and timely consideration and disposition of complaints submitted under the Act with respect to internal appointment and lay-off processes in the Government of Canada.
By providing transparent, impartial and sound decision-making for complaints as well as the support necessary to help parties resolve staffing disputes as informally as possible, the Tribunal is both accessible and responsive to its stakeholders – namely, deputy heads, human resources specialists, bargaining agents and public servants – and contributes to the effective management of human resources to the benefit of federal public service departments and agencies, managers, employees and Canadians at large.
The chart below illustrates the Tribunal’s complete framework of program activities, results and outputs which contribute to its strategic outcome:
Strategic Outcome | Fair and impartial resolution of disputes related to internal appointments and lay-offs in the Government of Canada |
Program Activity | Adjudication and mediation of complaints filed under the Public Service Employment Act |
Expected Results |
|
Outputs |
|
2009–101 | 2010–111 | 2011–121 |
---|---|---|
5,478 | 5,478 | 5,478 |
1Includes earmarked funding provided in Budget 2009, resulting from Strategic Review to enable the Tribunal to pursue its mandate.
2009–10 | 2010–11 | 2011–12 |
---|---|---|
37 | 37 | 37 |
Performance Indicator | Target |
---|---|
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% |
Program Activity | ($ thousands) | Alignment to Government of Canada Outcomes | |||
---|---|---|---|---|---|
Forecast Spending1 2008–09 |
Planned Spending2 | ||||
2009–10 | 2010–11 | 2011–12 | |||
Adjudication and mediation of complaints filed under the Public Service Employment Act | 2,800 | 4,000 | 4,000 | 4,000 | The Tribunal’s activities are aligned with the "Government Affairs" outcome. The resources allocated to the Tribunal contribute to supporting a public service that reflects excellence and leadership. |
Internal Services: Human Resources, Finance, Information Management, Communications Information Technology and Administrative Services | 1,500 | 1,478 | 1,478 | 1,478 | |
Total | 4,300 | 5,478 | 5,478 | 5,478 |
1Reflects the best forecast of cash expenditures to the end of the fiscal year.
2The planned spending includes earmarked funding provided in Budget 2009, resulting from Strategic Review to enable the Tribunal to pursue its mandate.
Operational Priorities | Type | Links to Strategic Outcome | Description |
---|---|---|---|
Implementation of settlement conferences | New | Fair and impartial resolution of disputes related to internal appointments and lay-offs in the Government of Canada | The Tribunal endeavours to help the parties to a complaint resolve the issues in dispute as informally and as efficiently as possible. During a settlement conference, the parties will have the opportunity to discuss the strengths and weaknesses of their case with the assistance of a Tribunal member in an effort to resolve the complaint. The Tribunal’s plan for settlement conferences includes an assessment of its readiness to introduce such a process, a review of its body of jurisprudence and consultation with its stakeholders. |
Rationalization of operational policies and procedures | Ongoing | Fair and impartial resolution of disputes related to internal appointments and lay-offs in the Government of Canada | The Tribunal is a relatively new organization and continues to adjust its policies and procedures as required. The continued improvement of the Tribunal’s case management system is a key component of the complaint process. |
Enhancement of external Communications | Ongoing | Fair and impartial resolution of disputes related to internal appointments and lay-offs in the Government of Canada | In preparation for the review of the PSEA in 2010, the Tribunal seeks to maintain a high awareness among its stakeholders of its mandate, processes and results. Accordingly, a discussion group established to discuss administrative and operational issues related to the processing of complaints will be reactivated. As well, improvements to the Tribunal’s website will be made to ensure ready access to information concerning the Tribunal and opportunities for speaking engagements will be sought. |
Management Priorities | Type | Links to Strategic Outcome | Description |
---|---|---|---|
Internal communications | Ongoing | Fair and impartial resolution of disputes related to internal appointments and lay-offs in the Government of Canada | Effective internal communications are crucial to the Tribunal in order to ensure that all complaints are processed consistently and efficiently. The Tribunal will continue the development of its information management system and enhance its Intranet to foster better internal communications. |
Strengthen human resources management | Ongoing | Fair and impartial resolution of disputes related to internal appointments and lay-offs in the Government of Canada | The effective management of the Tribunal’s human resources is key to the ability of the Tribunal to consider and dispose of complaints. Training opportunities will be provided as necessary to ensure continued, high quality performance; team-building efforts will continue and an emphasis will be placed on greater recognition of a job well done. |
In the three years since its establishment, the Tribunal has succeeded in dealing with an unexpectedly high volume of complaints. When the Tribunal was created, it was estimated that approximately 400 complaints would be submitted annually. However, the volume has increased steadily since the Tribunal’s establishment: There were 15 complaints in 2005–2006, 438 in 2006–2007 and 742 in 2007–2008.
Nonetheless, Tribunal staff and members possess a wide variety of experience with skills and have contributed to the development of tools and practices that have, in turn, resulted in the issuance of sound and consistent Tribunal decisions and a high settlement rate.
For example, an effective decision review process has helped to ensure that the Tribunal issues sound and consistent decisions. As well, a number of functions have been added to the Tribunal’s case management system to track the progress of complaints and provide statistical information regarding complaints. The Tribunal’s interest-based negotiation and mediation training continues to be delivered on a regular basis to key stakeholders and thus contributes to a greater understanding of the process and to the success of the Tribunal’s mediation services.
With a full staff complement and a solid infrastructure in place, the Tribunal is well placed to refine its processes as well as implement new initiatives to continue to ensure the fair and impartial resolution of staffing complaints in the federal public service.
Nevertheless, the following external factors could affect the Tribunal’s operations over the course of the coming year:
In 2008, six central human resources organizations, including the Public Service Staffing Tribunal, conducted a strategic review of the central human resources management functions they deliver to support government departments and agencies. The results of the review were announced in January. Funding for the Tribunal was earmarked, thereby ensuring that the Tribunal can focus primarily on its mandate and strategic priorities.
The figure below illustrates the Tribunal’s spending trend from 2005–2006 to 2011–2012.
For the 2005–2006 to 2008–2009 periods, the total spending includes all Parliamentary appropriation sources: Main Estimates, Supplementary Estimates, transfers from Treasury Board Vote 15 and 23 and also includes carry forward adjustments. For the 2009–2010 to 2013–2014 periods, the total spending corresponds to the planned spending which includes earmarked funding provided in Budget 2009, resulting from Strategic Review to enable the Tribunal to pursue its mandate.
Vote # or Statutory Item | Public Service Staffing Tribunal | 2008–2009 Main Estimates |
2009–2010 Main Estimates |
---|---|---|---|
105 | Program expenditures | 4,481 | 1,567 |
(S) | Contributions to employee benefit plans | 487 | 12 |
Total | 4,968 | 1,579 |
The decrease of $3.4 M between the current and the previous Main Estimates is mainly attributed to a decrease of funding approvals. As noted elsewhere, the Tribunal is seeking a permanent adjustment to its reference levels in order to pursue its mandate.