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Section II – Analysis of Program Activities by Strategic Outcome
Strategic Outcome:
Fair and impartial resolution of disputes related to internal appointments and lay-offs in the Government of Canada
Performance Indicator:
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
Target: 3%
| Human Resources (FTEs) and Planned Spending ($ thousands) | |||||
|---|---|---|---|---|---|
| 2009–10 | 2010–11 | 2011–12 | |||
| FTEs | Planned Spending1 | FTEs | Planned Spending1 | FTEs | Planned Spending1 |
| 28 | 4,000 | 28 | 4,000 | 28 | 4,000 |
1The planned spending includes earmarked funding provided in Budget 2009, resulting from Strategic Review to enable the Tribunal to pursue its mandate.
| Program Activity Expected Results | Performance Indicators | Targets |
|---|---|---|
| Tribunal decisions are timely, sound and well reasoned |
|
80% 95% |
| Optimal utilization of Tribunal’s dispute resolution services |
|
70% |
Program Activity Summary
As previously mentioned, the number of complaints submitted to the Tribunal has increased steadily since 2005. Based on our first three years of operation, it is estimated that the case load will reach 1,000 in 2009–2010 and could climb to 1,200 by 2013.
Each complaint is automatically referred to mediation unless one of the parties declines to participate. In addition to mediation, the Tribunal offers other informal opportunities, such as pre-hearing conferences and a 25-day period for an exchange of information between parties, to resolve the complaint.
The mediation of staffing complaints by the Tribunal has proven to be very successful; nearly 80% of all complaints where mediation takes place result in a withdrawal of the complaint.
Complaints that are not resolved through mediation are referred to a Tribunal member who renders a decision on the complaint following an oral or paper hearing. In an oral hearing, the member presides over a hearing where all parties, representatives and witnesses are present. A paper hearing is one where the member renders a decision based on written submissions by the parties. All complaints scheduled for an oral hearing are preceded by a teleconference during which procedural issues and technical questions are addressed. These pre-hearing conferences not only streamline the process but can also result in the withdrawal of the complaint.
With its focus on the informal resolution of complaints, the Tribunal has succeeded in closing 75% of its files without having to resort to a paper or an oral hearing since it began receiving complaints in early 2006. As mentioned above, complaints may be resolved through mediation or withdrawn at any step in the complaint process, such as the exchange of information or the pre-hearing conference.
The Tribunal’s priorities and plans for 2009–2010 are intended to achieve similar results in the coming year.
Planning Highlights
The Tribunal plans to introduce settlement conferences to the alternative dispute mechanisms already available. Settlement conferences will provide the parties with an opportunity to discuss the strengths and weaknesses of their case with the assistance of a Tribunal member in an effort to resolve the complaint without a formal hearing.
Communication with the Tribunal’s stakeholders is an ongoing priority given that a legislative review has been scheduled for 2010 and that the Tribunal’s stakeholders will likely be consulted as to their views on the provisions of the legislation, including those related to staffing recourse. In addition, a plan to reactivate a Tribunal advisory committee has been developed and is expected to be implemented in early 2009.
The number of complaints submitted to the Tribunal has risen steadily since the Tribunal was established. The current economic climate could have an impact on both human resources management in the public service and labour relations which, in turn, could spark a greater increase in the number of complaints before the Tribunal. Not only has the volume of complaints risen, but the
complexity of the cases has as well: More deputy heads are using collective staffing processes, a trend that has significant repercussions for the Tribunal because of the number of parties involved. For example, in some files, there have been as many as 700 complainants, all of whom have to be contacted. In this context, the importance of an effective case management system cannot be
underestimated. As such, the Tribunal continues to review its complaint process and policies and to develop modules for its case management system.
| Human Resources (FTEs) and Planned Spending ($ thousands) | |||||
|---|---|---|---|---|---|
| 2009–10 | 2010–11 | 2011–12 | |||
| FTEs | Planned Spending1 | FTEs | Planned Spending1 | FTEs | Planned Spending1 |
| 9 | 1,478 | 9 | 1,478 | 9 | 1,478 |
1The planned spending includes earmarked funding provided in Budget 2009, resulting from Strategic Review to enable the Tribunal to pursue its mandate.
Program Activity Summary
The Tribunal’s internal services include: Human Resources, Finance, Information Management, Communications, Information Technology and Administrative Services (including Travel, Acquisition Services etc.).
Planning Highlights
The Tribunal has identified a need to improve its internal communications. To this end, the Tribunal’s information management system and Intranet site will be upgraded to ensure the flow of information among employees and members.
In order to continue to strengthen its human resources management, the Tribunal will develop measurement tools to manage performance, provide training opportunities for both members and staff and build a cooperative problem-solving model as the basis for its Informal Conflict Management System (ICMS). An ICMS is a system approach to dealing with workplace conflicts with informal processes whenever possible.