Guidance Series - Participating in Informal Discussion

Table of Contents

1. Introduction
2. Objective
3. What is so distinctive about informal discussion?
4. Guidelines for informal discussion
   • 4.1 What is it?
   • 4.2 Who provides the informal discussion?
   • 4.3 Managers or person(s) responsible for the assessment
   • 4.4 Employees
   • 4.5 Human Resources Advisors
5. Assistance
6. Training

1. Introduction

With the coming into force of the new Public Service Employment Act, a new element to the appointment process is also being introduced. It is called informal discussion.

As a result, there are new and significant responsibilities for deputy heads, managers, human resources advisors and employees. The implementation of informal discussion during the appointment process is intended to improve communication and increase the efficiency of the process, and it could reduce the use of formal recourse.

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2. Objective

This guide for participating in informal discussion is intended to promote the positive and non-adversarial nature of informal discussion in order to allow for an early opportunity to resolve concerns in a timely manner. It will provide useful information about informal discussion and will offer practical guidance and considerations to assist you in participating in informal discussion. There will be suggestions and considerations that will help guide you in this new concept, keeping in mind the following:

• informal discussion should allow a person the opportunity, upon elimination from consideration, to discuss the decision before the decision to appoint is final;
• the discussion of decisions undertaken during the appointment process is meant to be as informal and expeditious as possible;
• the intent is to allow for a free-flowing exchange to resolve concerns;
• errors can be corrected, if necessary; and
• appointment processes will proceed without undue delay.

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3. What is so distinctive about informal discussion?

• Access to informal discussion can begin at any point in the internal appointment process when a person has been eliminated from consideration;
• Informal discussion is held at the request of the person who was eliminated from consideration;
• There is no need for formality in the request, such as filing a document, unless the organization has established this as a procedure;
• It is informal - basically a conversation to explain the decision to eliminate the person from further consideration in the process;
• Informal discussion takes place before a final decision is made in the internal appointment process; if by chance, an error occurred, it can be corrected before the results are finalized; and
• Informal discussion can quite effectively take place between the person responsible for the decision (usually the manager) and the person who was eliminated from the process, without requiring the assistance of a third party.

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4. Guidelines for informal discussion

4.1 What is it?

Informal discussion is an opportunity to share information so that the person who was eliminated can understand and discuss the decision to eliminate him or her from consideration. It is intended to improve communication during the process and if an error is found, it can be corrected before a final decision is made.

The person has the opportunity to raise concerns regarding his or her elimination and discuss this decision with the person responsible for this decision. Informal discussion is focussed on the person who was eliminated; therefore, the focus is on that person's own assessment, and not on a comparison to other persons in the appointment process.

4.2 Who provides the informal discussion?

First and foremost, deputy heads are responsible for ensuring that the opportunity for informal discussion is provided within their organizations. In addition to this requirement, deputy heads must ensure that those persons to whom the authority to appoint has been sub-delegated, ensure that informal discussion is provided, upon request, when conducting internal appointment processes.

Informal discussion should be provided by the person responsible for making the decision to eliminate the person. This could be the manager or the person(s) who were responsible for the assessment. Depending on who was responsible for the decision or involved in the process, this could include other managers, a human resources advisor, or an assessment specialist. It is important that whoever is providing the informal discussion be able to sufficiently explain the decision to eliminate, to the person who requested the informal discussion. Keep in mind, informal discussion is intended to be informal. Consideration should be given to the fact that increasing the number of persons attending the informal discussion could affect the quality of the informal discussion. It could also make the process too formal and create an imbalance in the discussion.

The method of informal discussion can vary and be determined by the manager. The manager should take into consideration the request of the person and what is feasible. Informal discussion can be conducted in person, by telephone, by videoconference , electronically, or by any other method.

4.3 Managers or person(s) responsible for the assessment

Preparing for the informal discussion

• Obtain the appointment process file and review the documentation which has recorded the decision regarding the person who was eliminated from consideration;
• Review the PSC Policy on Informal Discussion;
• Review the PSC Guide to Implementing the Informal Discussion Policy;
• Check to see if the organization has a policy or procedures on Informal Discussion;
• Contact the person as soon as possible in order to ascertain his or her concerns;
• Determine the official language to be used in the informal discussion and if any accommodation is required;
• Discuss what method would be preferable and /or practical for the informal discussion; for example, in person, by telephone;
• If necessary, consult with other persons involved in the appointment process; for example, other assessment board members, the human resources advisor, etc.; and
• Inquire as to whether anyone else will be attending the informal discussion.

During the discussion

• Set aside enough time to conduct the informal discussion;
• Use a closed office or take measures to ensure privacy when conducting the informal discussion;
• Listen to the person and provide the opportunity for him or her to explain any concerns and present any supporting information;
• Always verify your understanding of the situation before responding;
• Remember, the discussion is an opportunity to exchange views, share information and explain your decision;
• Informal discussion is about the person who was eliminated, and not about others who are in the process; therefore, personal information about others cannot be disclosed unless that person consents to its disclosure;
• Stay focussed on what is relevant to the discussion: the requirements of the position, the merit criteria, how you assessed the qualifications and why the person was eliminated;
• Stick to the facts and ensure that you can support your statements;
• If an error has occurred and time is needed to reflect before making a decision, do so and reconvene or respond to the person later; be prepared to make a decision as to what action to take;
• If unsure as to what, if any, action to take, seek advice from a human resources advisor and inform the person of the decision that is made and explain why;
• Remember fairness: fairness to the person in the informal discussion, fairness of any decision and the impact on others in the appointment process;
• Remember transparency: explain the decisions and provide information that will assist the person in understanding;
• If possible, and the person is amenable, you can use the opportunity to discuss general information that could be of use to him or her in future processes; for example, improving communication skills, interviewing techniques, suggestions for training etc; and
• Seek assistance if the issue is beyond what you feel comfortable dealing with or if the discussion goes beyond the decision to eliminate the person from the appointment process. For example, if it is an issue of longstanding conflict, it may be of benefit to set up a subsequent meeting with a third party, perhaps from an alternative dispute resolution (ADR) resource or from the Informal Conflict Management System (ICMS). This process would not be part of the informal discussion.

New or different information - what do you do?

There are no set rules on what you can or should do with information provided to you by the person in an informal discussion. Each situation will have to be addressed on a case-by-case basis. The circumstances will influence how and what should be done with the information. The important thing to remember is that the process must be fair and transparent, not only for that person, but for all persons in the process. If faced with a situation that you are unable to address immediately, take the time to seek advice from your human resources advisor on how to proceed. It is possible that the human resources advisor has dealt with, or knows of, similar situations. As well, there may be some basic principles flowing from jurisprudence that could influence your decision. Remember that because the informal discussion takes place during the process, if an error has occurred, it can be corrected before the appointment decision is finalized.

The following are some examples of situations that could occur during an informal discussion:

• a person provides additional information that was not submitted at the time of making a decision;
• a person clarifies information provided on his or her application;
• an error on the part of the assessment board is revealed;
• an apparent lack of clarity with respect to criteria is revealed;
• information provided to the board was not received due to a technical glitch or error; or
• contradictory information about a person who has not been eliminated is revealed.

The above list is not exhaustive; however, it does provide an indication of some of the situations that may arise. Even though informal discussion is intended to discuss the decision to eliminate the person, sometimes information brought forward could have a direct or indirect impact on other persons in the process, whether or not they were eliminated from the process.

When managers are faced with either new information or information which further clarifies that which was submitted, they must be mindful of the impact of any decision that is taken as a result. Managers should consider the following:

• Why was the information not submitted at the time of request?
• Are there circumstances which mitigate the failure to provide the information?
• Is there a chance that others fall under the same circumstances?
• Is the error one that requires reversing the decision? For example, even if the error were corrected, would it change the result?
• What level of confidence is there in the decision that was taken?
• Now that the information has been brought forward - would this lead to a different decision?

These are not easy situations and there are no easy answers, but this does illustrate the importance of planning and taking measures to ensure confidence in decisions made during the appointment process.

What information can be shared?

It is important for all persons involved in an informal discussion to be as open as possible to clearly explain the concerns with respect to the appointment process and, with respect to the manager, to clearly explain the decision taken; however, confidentiality issues must be taken into account so as to maintain the trust in informal discussion, as well as that of the appointment process.

Consideration must also be given to protecting proprietary information, such as standardized tests. Any disclosure of information will have to respect the Privacy and Access to Information Acts and the Public Service Employment Regulations, 2005 established by the PSC concerning the disclosure of information obtained during the course of investigation. Informal discussion is intended to provide information on the decision to eliminate a person from the appointment process. Therefore, personal information about other persons must not be disclosed.

A person participating in informal discussion would normally have access to any personal information gathered in the appointment process relating to him- or herself.

Some basic tips include:

• In accordance with the PSC Policy on Informal Discussion, persons participating in informal discussion should be provided with sufficient information in order to understand and discuss the decision;
• Information to be shared would include any documents submitted by the person, the portions of rating guide that are relevant to the person's assessment, notes, and information on the person written by the assessment board. Any request for access or copies of standardized tests and how they are scored could be refused as it could compromise the integrity of the test or provide an unfair advantage. It is important to discuss any such request with your Access to Information expert and an expert from the Personnel Psychology Centre (PPC), or human resources advisor before conducting the informal discussion; and
• Under the Privacy Act, personal information about a third party is protected. The person who participates in the informal discussion should not be provided any assessment information regarding other persons since this could violate the Privacy Act. However, some personal information may be disclosed if its release is consistent with the purpose for which the information was gathered. For example, if a selection was made based on an organizational need to increase representativeness of the designated groups, and the person who is being considered for appointment has self-identified as a member of a designated group, the fact that this was the merit criterion applied, not information about the person who self-identified, can be shared in the informal discussion. When in doubt, seek assistance before sharing any information about a person other than the one with whom you are conducting the informal discussion.

Making it work

Generally speaking, informal discussion may not always be a "positive" experience since the discussion revolves around a decision to eliminate a person from an appointment process. However, steps can be taken to ensure that the informal discussion achieves its purpose and communication is improved.

Some of these steps are:

• Responding to the request in a timely manner - this will reflect the commitment to provide informal discussion and if, for any reason, an error is made, it may be corrected early in the process;
• Providing an opportunity to listen and discuss; this can build trust not only in the process, but in the organization as a whole;
• Creating a positive experience in informal discussion as this will be the best advertising mechanism for encouraging the use of informal discussion in future processes;
• Being sensitive to cultural differences and some of your own biases as this can reduce misunderstandings and improve the discussion; for example, if unsure as to what is being said, seek clarification;
• Being approachable and open to the discussion to allow for the opportunity to address concerns;
• Maintaining a non-defensive and non-confrontational manner throughout the discussion;
• Demonstrating an willingness to review a decision if an error was made;
• Considering deferring a contentious or heated discussion, to allow time to reflect and to address the issue at a later time, with assistance if necessary;
• If in a position to do so, considering providing advice or guidance to the person to assist him or her with future processes or career considerations;
• Resolving issues, or at the very least, ensuring that there is an understanding of the decision; this could reduce the number of complaints to the Public Service Staffing Tribunal (PSST); and
• Learning from the informal discussion; and taking the opportunity to consider and discuss with your human resources advisor ways to improve future processes.

4.4. Employees

Preparing for the informal discussion

• If you want to have an informal discussion, contact the person who has been identified as soon as possible in order to set up a time to discuss;
• Try to focus on exactly what your concerns are and what you would like to discuss;
• Review the PSC Policy on Informal Discussion;
• Review the PSC Guide to Implementing the Informal Discussion Policy;
• Check to see if the organization has a policy or procedures on Informal Discussion;
• Advise the manager of the official language to be used in the informal discussion and if any accommodation is required;
• Discuss what method would be preferable and /or practical for the informal discussion; for example, in person, by telephone;
• To prepare for the discussion, seek out further information either from the human resources advisor or a bargaining agent representative;
• If you wish to be accompanied by a bargaining agent representative or other person, verify the person's availability and inform the manager.

During the discussion

• Listen to the person and give him or her the opportunity to explain his or her decision and present any supporting information;
• Always verify your understanding of the situation before responding;
• Remember, the discussion is an opportunity to exchange views and share information, be open to the conversation;
• Stay focussed on what is relevant to the discussion: why you were eliminated and the requirements of the position, the merit criteria, etc.;
• Stick to the facts and ensure that you can support your statements;
• If possible, the opportunity could be used to discuss general information that could be of use in future processes; for example, improving communication skills, interviewing techniques, etc.; and
• Seek assistance if the discussion goes beyond what you feel comfortable dealing with or beyond the decision to eliminate you from the appointment process.

Making it work

Some things to do to help make the informal discussion achieve its purpose:

• Being approachable and open to the discussion - this will allow for the opportunity to address concerns and understand the decision;
• Contributing to creating a positive experience - this is an opportunity to create a good impression, now and in the future;
• Being sensitive to cultural differences and some of your own biases as this can reduce misunderstandings and improve the discussion; for example, if unsure as to what is being said, seek clarification; and
• Resolving the issues or, at the very least, ensuring that you have a good understanding of the decision before you leave.

4.5. Human Resources Advisors

Human resources advisors will always be involved in the appointment process from the outset; however, they may or may not be involved in an informal discussion. In most cases, the informal discussion would be conducted between the manager or a member of the assessment board and the person who was eliminated from consideration. On the other hand, there may be instances where the manager or the person wishes to have the human resources advisor present to assist. In cases such as this, the tips for managers regarding preparation and the discussion would also apply.

There are some things a human resources advisor can do before the internal appointment process even begins in order to prepare for informal discussion.

Steps to take:

• Meet with the manager to discuss the appointment process and how it will be managed;
• Ensure that the opportunity for informal discussion is reflected in the communication vehicle used for the process;
• Decide on the point of contact for persons who are eliminated from consideration;
• Decide where the elimination points will be in the process and how informal discussion requests will be managed during the process;
• Plan how and when persons will be informed of their elimination from the process; and
• Encourage documentation of decisions - this will assist managers in discussing decisions if a lengthy period of time has passed between the elimination and the informal discussion.

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5. Assistance

Informal discussion is intended to be a forum for the person responsible for the decision, in most cases the manager, and the person who requested the informal discussion to have a productive dialogue with respect to the decision to eliminate him or her from the appointment process. However, the person who requested the discussion or the manager, or both, may wish to involve another person to assist in the discussion. The range of options could include:

• Having a bargaining agent representative or another person to assist and/or provide support in the discussion;
• Having a human resources advisor to explain the technical aspects of staffing;
• Having an expert in assessment techniques, such as a PPC psychologist or staff member, present if a PSC tool or simulation was used; this expert can provide in-depth feedback, and discuss scoring criteria or the content of the test while respecting the protection of these instruments;
• Having a trained facilitator, if considered appropriate; and
• Using existing departmental alternative dispute resolution (ADR) mechanisms and resources.

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6. Training

Informal discussion will involve using different skills and knowledge, such as providing effective feedback, reframing, Privacy Act obligations, and possibly (Alternative Dispute Resolution) ADR and conflict resolution skills. All employees and managers should avail themselves of training in this regard.

The Canada School of Public Service has developed a course for managers on Informal Discussion in the Appointment Process (P107).