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Chairperson’s Message

Guy Giguère photo

I am pleased to submit the 2012–13 Report on Plans and Priorities for the Public Service Staffing Tribunal.

Since the Tribunal was formed in 2005 under the Public Service Employment Act, fair and impartial resolution of disputes has been its number one priority.

To this end, our focus remains on resolving complaints related to internal appointments and lay-offs in the federal public service through mediation, settlement conferences and hearings.

To address the challenge of the increasing number and complexity of complaints, the Tribunal will continue to build on its successes by implementing improved processes such as the settlement conference and the telephone/video mediation conference; and by developing more efficient business practices, such as the new pilot for an expedited hearing process.

These on-going improvements simplify the complaint resolution process, improve its timeliness and help ensure that parties to a complaint make good use of dispute resolution mechanisms available.

As we continue to provide the parties with opportunities to resolve complaints effectively and deliver decisions that are fair, consistent and well-reasoned, the Tribunal is fostering a greater understanding of the staffing regime and contributing to improving staffing and employee relations in the Public Service.

Guy Giguère
Chairperson and Chief Executive Officer



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 (PSEA) to address complaints related to internal appointments and lay-offs in the federal public service. The Tribunal conducts hearings, settlement conferences and mediation sessions in order to resolve complaints. In fulfilling its mandate, the Tribunal fosters fair and transparent staffing practices, contributes to a public service that is based on merit, embodies linguistic duality and human rights, and strives for excellence.

Responsibilities

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.

Strategic Outcome and Program Activity Architecture (PAA)

To support its ongoing mandate and to continue delivering results for Canadians, the Tribunal has the PAA structure below. The Tribunal’s strategic outcome of fair and impartial resolution of disputes related to internal appointments and lay-offs in the Government of Canada will be supported by one program activity: adjudication and mediation of complaints filed under the PSEA, and internal services.

Strategic Outcome Fair and impartial resolution of disputes related to internal appointments and lay-offs in the Government of Canada
Program Activities Adjudication and mediation of complaints filed under the Public Service Employment Act
Internal Services

Organizational Priorities

In 2011–12 the Tribunal saw a significant increase in the number of files received and the complexity of the complaints that go to a hearing. The increasing number and complexity of complaints will continue to impact the Tribunal’s workload in 2012–13.

The Tribunal is focused on developing and strengthening processes which ensure greater efficiency and timely responses to high volume of requests for services. To continue in this role and take advantage of successes to date, the following priorities have been identified to help guide service delivery and the Tribunal’s decision-making.

Priority Type1 Strategic Outcome
Efficient, simplified and well-documented processes Ongoing Fair and impartial resolution of disputes related to internal appointments and lay-offs in the Government of Canada.
Description

Why is this a priority?

  • The optimal utilization of the dispute resolution services by parties ensures that services are relevant, cost-effective and continue to respond to client needs.
  • Resolving complaints more efficiently for clients provides value for Canadians by reducing the human and financial resources needed for the process.

Plans for meeting the priority

  • Implement new business tools: settlement conference and mediations via telephone or videoconference.
  • Launch a pilot for an expedited hearing process to reduce time and cost required.
  • Collaborate with the Treasury Board Secretariat Chief Information Officer Branch and quasi-judicial agencies to develop a new enterprise-wide case management system.
  • Leverage technology to ensure clients access, understand and make use of the complaint process and dispute resolution mechanisms.

Priority Type Strategic Outcome
Timely issuance of reasons for decision Ongoing Fair and impartial resolution of disputes related to internal appointments and lay-offs in the Government of Canada.
Description

Why is this a priority?

  • The Tribunal decisions must be timely, sound and well-reasoned – overall the Tribunal has set a target of 80% of decisions rendered within four months of a hearing.

Plans for meeting the priority

  • Continue to review the practices and process for issuing decisions and identify areas for improvement.
  • Implement new business tools: settlement conference and mediations via telephone or videoconference thus allowing for more writing time for members.
  • Launch a pilot for an expedited hearing process to reduce time and cost required.

Priority Type Strategic Outcome
A workplace where people feel valued and know the importance of their contribution Ongoing Fair and impartial resolution of disputes related to internal appointments and lay-offs in the Government of Canada.
Description

Why is this a priority?

  • Fostering a workplace where people recognize the value of their contribution and are committed to the Tribunal’s values creates a positive culture that motivates employees.

Plans for meeting the priority

  • Offer staff development opportunities.
  • Implement a code of conduct, values and ethics for employees.
  • Optimize internal processes.
  • Develop a succession strategy.

Risk Analysis

The Tribunal is faced with both internal and external risks. To minimize the impact of these risks, the Tribunal has put in place some ongoing strategies.

External

• Increased workload and change in nature of cases

As is the case with most administrative tribunals, the unpredictability of the Tribunal’s caseload represents a constant challenge. There was a sharp increase in the number of files received in the fiscal year 2011–12 compared with the previous years. Based on this trend we can expect an increase in 2012–13.

To mitigate this risk the Tribunal will plan, develop and implement new processes to deal with potential increases in the number and complexity of complaints.

• Key Reports and Decisions

The Tribunal will review the findings and recommendations of the December 2011 Report on the Review of the Public Service Modernization Act 2003 and develop and implement measures to improve Tribunal operations and services where appropriate.

For the first time, a Tribunal decision has been appealed to the Supreme Court of Canada. A decision on that case, which is expected in 2012, may have an impact on the Tribunal’s case law.

Internal

• Case Management System

The Tribunal will continue to collaborate with the Treasury Board Secretariat Chief Officer Information Branch, and quasi-judicial agencies on developing a possible enterprise-wide solution for a case management system.

However, it is crucial that the Tribunal implement a new case management system within the next 18 months, and therefore will continue to investigate alternative options.

• Human Resources – turnover of staff and members

As with many micro-agencies, the Tribunal is faced with challenges in turnover of employees and members, in part due to retirements and career development.

In order to mitigate this risk, the Tribunal will continue to recruit and ensure effective integration of new employees and members and offer learning opportunities.

The Tribunal has an integrated human resources and business plan and is committed to engaging employees and creating a workplace of choice. It will ensure that its succession strategy includes documenting processes and managing corporate information.

Planning Summary

Financial Resources ($ thousands)


2012-13 2013-14 2014-15
5,426 5,426 5,426

Human Resources (Full-Time Equivalent – FTE)


2012-13 2013-14 2014-15
38 38 38

Strategic Outcome: Fair and impartial resolution of disputes related to internal appointments and lay-offs in the Government of Canada
Performance Indicators Targets
Percentage of complaints referred to judicial reviews on the grounds that the Tribunal failed to observe a principle of natural justice, procedural fairness or other procedure 3%

Planning Summary Table
($ thousands)
Program Activity Forecast
Spending
2011-12
Planned Spending Alignment to Government of Canada Outcomes
2012-13 2013-14 2014-15
Adjudication and mediation of complaints filed under the Public Service Employment Act 3,885 3,838 3,838 3,838 Government Affairs: a public service that reflects excellence and leadership.
Total Planned Spending 3,838 3,838 3,838  

Planning Summary Table
($ thousands)
Program Activity Forecast
Spending
2011-12
Planned Spending
2012-13 2013-14 2014-15
Internal Services 1,440 1,589 1,589 1,589
Total Planned Spending 1,589 1,589 1,589

Expenditure Profile

In 2012–13, the Public Service Staffing Tribunal (PSST) plans to spend $5.4 million to meet the expected results of its program activity and contribute to its strategic outcome. In 2009–10, through Budget 2009, the PSST was provided with permanent funding and more recently, received approval from the Treasury Board of an adjustment to a previous funding transfer enabling it to more effectively fulfill its mandate requirements. 

Departmental Spending Trend

The figure below illustrates the Tribunal’s spending trend from 2008–09 to 2014–15. For the 2008–09 to 2010–11 periods, the total spending includes all Parliamentary appropriation sources: Main Estimates, Supplementary Estimates, transfers from Treasury Board Votes and also includes carry forward adjustments. For the 2012–13 to 2014–15 periods, the total spending corresponds to the planned spending.

Spending Trend

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Estimates by Vote

For information on our organizational appropriations, please see the 2012–13 Main Estimates publication at: www.tbs-sct.gc.ca/est-pre/20122013/me-bpd/info/info-eng.asp