Appointment Policy Questions and Answers

Corrective Action and Revocation

Q. Can a deputy head contract out an investigation?

A. Yes. The deputy head can carry out an investigation in any manner he/she deems appropriate, including contracting out. However, the deputy head is responsible for the investigation and must be satisfied that there was an error, omission or improper conduct that affected the selection before he/she can decide to revoke an appointment or take corrective action. This policy applies to the deputy head regardless of who conducts the investigation.

Q. Does the deputy head have to investigate every complaint?

A. No. Investigations are not part of a recourse process, nor are they intended to be complaint-based. They are however, a method of oversight and it will be up to each deputy head to determine the criteria for conducting an investigation (i.e. to determine reasonable grounds).

Q. Does the deputy head need an allegation or complaint to conduct an investigation?

A. No, information can come to the attention of the deputy head through a variety of sources, such as through an audit.

Q. How does the deputy know an investigation is warranted?

A. Each situation will have to be assessed and the deputy head will make a decision based on any criteria s/he has established for investigations.

Q. What is happening with the appeals process?

A. Under the new legislation, recourse for internal appointment processes will be through complaints to the Public Service Staffing Tribunal. The grounds for making a complaint are abuse of authority and the failure to assess the candidate in the official language of his or her choice. The current appeals process will no longer exist. However, selection processes that began under the old legislation will be completed based on the requirements of that legislation, therefore, recourse would be through appeals. It is expected that this may continue for a year to 18 months after the new legislation comes into force.