Complaints and Investigations pursuant to the Public Service Employment Act

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Concerns into Appointments/Appointment Processes

Issue Public Service Commission Investigations Deputy Head (DH) Investigation* Public Service Labour Relations and Employement Board*
External
Appointment
Processes
Merit, error, omission, improper conduct Exclusive authority (s. 66) No authority to investigate No authority to consider
Political influence Exclusive authority – appointment/proposed appointment not free from political influence (s. 68) No authority to investigate No authority to consider
Fraud Exclusive authority (s. 69) No authority to investigate No authority to consider
Internal
Appointment
Processes
Error, omission, improper conduct Exclusive authority in a process where the appointment authority is not delegated to the department [s. 67(1)] When the appointment authority is delegated to the department under s. 15(1), the DH has the authority to investigate [s. 15(3)] No authority to consider
DH request for investigation of an error, omission, or improper conduct. Conducts investigations at the request of the DH and reports findings to the DH [s. 67(2)] DH has the authority to request that the PSC investigate
DH takes corrective actions [s. 72(2)]
No authority to consider
Political influence Exclusive authority – appointment/proposed appointment not free from political influence (s. 68) No authority to investigate No authority to consider
Fraud Exclusive authority (s. 69) No authority to investigate No authority to consider
— Abuse of authority in the application of merit

— Abuse of authority in the choice of process between advertised and non-advertised

— Failure to assess the complainant in the official language of his/her choice
No authority to investigate No authority to investigate Exclusive authority [para. 77(i)(a)(b)(c)]
* DH investigations and complaints to the Public Service Labour Relations and Employment Board are not under the authority of the PSC. This information is provided to present a holistic view of all investigations/complaints under the Public Service Employment Act.

Allegations of improper political activity

Issue Public Service Commission Investigations Deputy Head (DH) Investigation* Public Service Labour Relations and Employement Board*
Political Activity — Political activity, not related to a candidacy, that may impair or be perceived as impairing the employee's ability to perform their duties in a politically impartial manner

— Failure to comply with the PSEA when seeking nomination as or being a candidate in a federal, provincial, territorial or municipal election

— That a DH may have engaged in a political activity other than voting
Exclusive authority (s. 118, 119) No authority to investigate No authority to consider
* DH investigations and complaints to the Public Service Labour Relations and Employment Board are not under the authority of the PSC. This information is provided to present a holistic view of all investigations/complaints under the Public Service Employment Act.

Other

Issue Public Service Commission Investigations Deputy Head (DH) Investigation* Public Service Labour Relations and Employement Board*
Lay-off
Revocation
Corrective Action
— Abuse of authority in selecting an employee for lay-off

— Decision of a DH or the PSC (s. 67(1)) to revoke an appointment was unreasonable

— Abuse of authority by the PSC or DH in the implementation of corrective action ordered by the PSLREB in a previous decision
No authority to investigate No authority to investigate Exclusive authority [s. 65(i), 15(3), 67(i)(2), 74, 83)]
* DH investigations and complaints to the Public Service Labour Relations and Employment Board are not under the authority of the PSC. This information is provided to present a holistic view of all investigations/complaints under the Public Service Employment Act.