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SECTION II – Analysis of Program Activities by Strategic Outcome
Fair and impartial resolution of disputes related to internal appointments and lay-offs in the Government of Canada.
| 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% |
| Financial Resources ($ thousands) | ||
| 2008–09 | 2009–10 | 2010–11 |
| 4,968 | – | – |
| Human Resources | ||
| 2008–09 | 2009–10 | 2010–11 |
| 35 FTEs | 35 FTEs | 35 FTEs |
Performance Measurement Strategy
In the Tribunal’s 2007-2008 Report on Plans and Priorities, the targets for the various indicators could not be well defined, as the Tribunal’s operations were still in the developing stages. In the past year, the Tribunal has developed a performance measurement framework in accordance with the MRRS and identified new, specific targets for each of the indicators. It should be noted that the Tribunal’s performance measurement framework continues to be improved as the Tribunal gains more experience and refines its complaint policies and procedures.
Program Activity
Adjudication and mediation of complaints filed under the Public Service Employment Act.
Expected Results
1. Tribunal decisions are timely, sound and well reasoned
The Tribunal’s first objective is to render high quality decisions with respect to complaints filed under the Public Service Employment Act. An important measure of quality is the number of legal challenges of Tribunal decisions submitted to the Federal Court for judicial review and, of those, the number dismissed.
It is also important to measure the time it takes to issue a decision following a hearing. Measuring the time elapsed between the filing of a complaint and the hearing of the complaint is not a good indicator due to the many factors beyond the control of the Tribunal – for example, the number of legitimate requests to extend deadlines, the difficulty of scheduling both mediation sessions and hearings, etc.
The indicators and targets for measuring the quality and time involved in rendering decisions are as follows:
| Indicator | Target |
| Percentage of decisions where reasons are issued within two months of hearing | 80% |
| Percentage of Tribunal decisions upheld on judicial review | 95% |
2. Optimal utilization of Tribunal’s dispute resolution services by parties
In keeping with the spirit and intent of the Public Service Modernization Act, the Tribunal strives to assist the parties resolve the complaint without having a formal hearing.
In its 2007-2008 Report, the Tribunal established a 40% participation rate for mediation – that is, the Tribunal’s goal was that 40% of all complaints filed would be referred to mediation. However, the parties to a complaint are not obliged to participate in mediation. It was therefore determined that a more appropriate indicator to assess the effectiveness of the Tribunal’s mediation services would be the number of withdrawals of complaint (in percentage terms) that result from mediation.
As such, the indicator and target for measuring the use of the Tribunal’s dispute resolution services are as follows:
| Indicator | Target |
| Percentage of mediations resulting in withdrawal of complaint | 70% |