The new Public Service Staffing Tribunal was established through the Public Service Modernization Act which enacted a new Public Service Employment Act.
The Tribunal has the authority to deal with complaints related to:
- internal appointments,
- the implementation of corrective measures ordered by the Tribunal and
- revocations of appointments.
The Public Service Staffing Tribunal is an independent, quasi-judicial body established under the Public Service Employment Act 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.
The Tribunal renders decisions that are fair, consistent and well reasoned, and based on sound legal principles.
The Tribunal strives to ensure access, inclusiveness and flexibility in delivering its mandate.
The Tribunal strives for a high quality of service delivered in a timely manner. It keeps its stakeholders informed of its services and the decisions relating to complaint processes.
The Tribunal places great value in its employees and seeks to provide a harmonious, healthy and productive work environment.
The Tribunal ensures that it conducts hearings, mediation and other forms of dispute resolution with neutrality, objectivity and independence.
Employees of the Tribunal perform their work with integrity and uphold the neutrality, objectivity and independence of the Tribunal.
The Tribunal develops and implements practices to ensure that its clients can access, understand and make use of the complaint process and dispute resolution mechanisms.
The Tribunal maintains a workplace where people conduct their work to promote trust and integrity in the public service. It is committed to employee dialogue and engagement, as well as to openness and accountability in its practices.
The Tribunal is actively engaged in learning, innovation, efficiency and knowledge sharing.
Employees and members are guided in their work by professionalism and excellence.
Powers of the Tribunal
In accordance with the Public Service Employment Act, the Tribunal may:
- provide mediation services at any stage of a proceeding in order to resolve a complaint [subs. 97(1)];
- summarily dismiss any complaint that, in its opinion, is frivolous or vexatious [subs. 99(2)];
- order that a hearing be conducted using any means of telecommunication that permits all persons participating to communicate adequately with each other [par. 99(1)(b)];
- compel, at any stage of a proceeding, any person to produce any documents and things that may be relevant [par. 99(1)(e)];
- summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath in the same manner and to the same extent as a superior court of record [par. 99(1)(a)];
- decide a complaint without holding an oral hearing [subs. 99(3)];
- render a decision on a complaint and provide a copy of it, including any written reasons, and any accompanying order to the Public Service Commission and to each person who exercised the right to be heard on the complaint [s.101];
- in the case of a founded complaint involving a lay-off of an employee, set aside the decision of a deputy head to lay off the employee and order the deputy head to take any corrective action that it considers appropriate, other than the lay-off of another employee [subs. 65(4)];
- in considering whether a complaint against a lay-off is substantiated, interpret and apply the Canadian Human Rights Act, other than its provisions relating to the right to equal pay for work of equal value [subs. 65(7)];
- in the case of a founded complaint involving a revocation of an appointment, order the Public Service Commission or the deputy head to set aside the revocation [s. 76];
- in the case of a founded complaint involving an internal appointment, order the Public Service Commission or the deputy head to revoke the appointment or not to make the appointment and to take any corrective action that it considers appropriate [subs. 81(1)];
- in considering whether a complaint against an internal appointment is substantiated, interpret and apply the Canadian Human Rights Act, other than its provisions relating to equal pay for work of equal value [s. 80];
- in the case of a complaint involving a corrective action ordered by the Tribunal, order the Public Service Commission or the deputy head to revoke the appointment made as a result of the implementation of the corrective action, or not to make the appointment, and give the Commission or the deputy head any directions that it considers appropriate with respect to the implementation of the corrective action [s. 84].