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The new Public Service Employment Act (PSEA) came into force December
31, 2005. The purpose of the PSEA is to modernize the staffing system. It
is an important component of the Public Service Modernization Act (PSMA)
that was passed in November 2003 and it’s all part of the government’s
broader agenda to modernize the management of human resources and build a
vibrant, effective public service.
Public service employees stand to benefit from a new staffing system that
promotes flexibility, access, fairness and transparency. They’ll also have
more opportunities for feedback and dialogue when applying for jobs.
Why a New Employment Act?
For years, managers and employees have said they were frustrated by the
staffing system in the public service. Managers complained about staffing
processes that were lengthy and complex. At times, it seemed that staffing had
become more an exercise in correctly applying the rules and avoiding legal
challenges than in getting a person who was the right fit for the job.
Many employees had similar complaints. They were frustrated that it took so
long for competitions to be finalized. Others said it wasn’t easy to
understand why they weren’t selected for a position or what they could have
done differently to be successful. In addition, employees felt that it was
unfair to have to wait until the end of the staffing process before they could
file an appeal.
The PSEA is intended to address these concerns, and at the same time to
provide the flexibility required to attract new employees with the skills and
talents needed to serve Canadians.
Under the new PSEA, staffing will truly become a management responsibility
and managers will be held accountable for their decisions.
The Public Service Commission maximized the delegation of staffing
authorities to deputy heads of departments and agencies when the Act came
into force. Deputy heads in turn are encouraged, wherever applicable, to
delegate staffing to the lowest management level possible within their
department or agency.
What Does It Mean For Public Service Employees?
First and foremost, employees should be aware that whatever changes there are
provided for under the new Act, the core values and principles of merit,
non-partisanship, fairness, access and transparency haven’t changed. In
addition, important public service legislation such as the Employment Equity
Act, Official Languages Act, and the Canadian Human Rights Act still
applies. As well, under the PSEA, the Public Service Commission retains a
fundamental and strengthened role overseeing the integrity of the staffing
system.
Here are an additional five important changesthat are a part of the
new PSEA:
HR Planning Takes Centre Stage
The flexibility provided for in the new Act reinforces the importance
of HR Planning. With the implementation of PSEA, departments or
agencies will be encouraged to fully integrate their HR planning with their
business plans; and to use these integrated plans as a basis for
staffing decisions. If they don’t already do so, we expect to find
managers paying as much attention to planning their staffing needs in the future
as they do to planning their business cases and financial budgets. This approach
to on-going HR planning should help to minimize the ad hoc staffing seen in
some, if not many workplaces today.
New Approaches to Staffing
Under the new PSEA, managers are able to choose from a broader set of options
to fill positions, and will have more leeway to tailor staffing policies to meet
their specific operational needs.
Managers now have the option of undertaking staffing processes referred to
for example as advertised or non-advertised, internal or external.
Furthermore, managers may make greater use of collective staffing processes,
pre-qualified pools, professional development, and apprenticeship programs.
Merit Has Changed
Another major change relates to the concept of merit.
The new PSEA says merit is applied when the person being appointed to a
position meets the essential qualifications. A manager may also consider
any asset qualifications, operational requirements orcurrent or future
needs that the organization or employer has identified beforehand.
In short, the Act allows a broader definition of merit to be applied
in order to ensure the selection of a person who is the right fit for the
job.
Informal Discussion
Increased communication and early resolution of concerns are facilitated by
the introduction of the new Informal Discussion process. In Informal
Discussion, employees will be able to discuss with the person or persons
responsible for the decision, why they were eliminated from consideration for an
appointment.
Informal discussion is neither recourse nor mediation but rather a
conversation between the employee and hiring manager to improve communications
during the process. It is designed to allow an individual to understand the
reasons for the decision and if required, provide an opportunity for the manager
to correct any errors before the process is complete.
There’s a New Approach to Recourse
There is also a new approach to recourse for internal staffing
processes. Although appeals as a recourse avenue disappear, recourse
continues to exist in the form of complaints to the new and independent Public
Service Staffing Tribunal (PSST). Under the PSEA, a person who was not appointed
or proposed for appointment in an internal appointment process has the right to
make a complaint when they believe that there was an abuse of authority in
applying the new merit criteria, an abuse of authority in deciding between an
advertised and a non-advertised process, or where there has been a failure to
assess the candidate in the official language of his or her choice.
Will Employees See Changes Right Away?
Although the new PSEA came into force December 31, 2005, public service
employees can expect that the first few months if not the first year will be a
transitional phase with deputy heads, managers and employees all working to
understand new roles, responsibilities and opportunities under the Act.
It’s unlikely then, that there will be a dramatic change right away in the
workplace.
For more information about the application of the new PSEA in your own
organization check your departmental or agency intranet site.
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