I was unsuccessful for a management position.  Can I request an independent staffing review by the Merit Commissioner?

No. You are able to access the first two steps of the staffing review process; that is, requesting feedback from the panel chair and subsequently, requesting an internal inquiry from the deputy minister of the organization making the appointment.

Someone was laterally transferred into the position I’ve been waiting to be posted and competed. Can I request a staffing review to challenge that move?

No. A lateral transfer is provided under section 10 of the Public Service Act and not subject to the requirements of section 8 concerning appointments on merit. This type of appointment cannot be challenged through the Staffing Review Process.

Someone was directly appointed into the position I’ve been waiting to be posted and competed. Can I request a staffing review to challenge that appointment?

No. A direct appointment is provided under section 10 of the Public Service Act; it can only be authorized by the head of the BC Public Service Agency in unusual or exceptional circumstances. It must be based on the principle of merit, but there is no requirement for a competitive process. A direct appointment cannot be challenged through the Staffing Review Process.

Positions I've been waiting to be posted and competed have been filled instead by auxiliaries or through short-term temporary assignments. Can I request a staffing review to challenge these types of appointments?

No. These types of appointments are provided for by section 8 of the Public Service Act and, although they must be made on the principle of merit, there is no requirement for a competitive process. There is no provision in the Act to challenge these types of appointments through the Staffing Review Process.

I am from outside the BC public service and was not successful in a competition.  Can I request a deputy minister internal inquiry or Merit Commissioner staffing review?

No, but you are encouraged to avail yourself to the first step of the review process; that is, by raising your concerns with the panel chair or management member in that organization. If you have concerns about  the administrative fairness of the hiring decision, you may wish to contact the Office of the Ombudsman - the organization responsible for investigating the  administrative fairness of government decisions.

Does the Merit Commissioner defend the ministry’s actions or is she an advocate for the employee?

The Merit Commissioner is an independent officer of the legislature and must be impartial when investigating and determining the outcome of the staffing review.

What happens if more than one employee requests a review of the same competition?

Each review is considered on the basis of the grounds submitted.

I learned something about the selection process following my request for an internal inquiry which I wish to add to my review request to the Merit Commissioner.  Can I do that?

Yes, as long as it’s relevant to the grounds for which you’ve requested the review. The information can be electronic, paper, or verbal.

Does a request for staffing review mean the appointment will not proceed?

The fact that a review has been requested does not act as a bar for the ministry to fill the position, albeit on a temporary basis.

Can the Merit Commissioner direct a ministry to appoint someone?

No. The Merit Commissioner’s jurisdiction is limited to dismissing the review or directing the ministry to reconsider its staffing decision.

What does “directing the ministry to reconsider the decision” really mean? Does the ministry have to start over?

It is a ministry decision concerning the steps they take to remedy the situation when merit has been found not to have been applied. The ministry may determine that it is not necessary to cancel the competition and start again, and may re-consider the selection process from the point of flaw.

Who knows that I’ve filed a staffing review?

The Office of the Merit Commissioner sends notice to the deputy minister (of the organization responsible for the appointment decision) that a request for a staffing review has been received, including a request for the competition documentation. The panel chair is advised of the request for review, normally through the deputy minister’s office. The panel chair normally advises the successful candidate that a staffing review is underway and that their appointment cannot be confirmed pending the outcome of the review. Panel members and ministry strategic human resources advisors are often contacted by the Merit Commissioner's Office for information about the competition process. 

I don’t want to be contacted at my workplace. Is that a problem?

Your request concerning how you wish to be contacted will be respected. It is recommended that you note your preference on your initial review request to the Office of the Merit Commissioner.

How will I receive the decision?

An electronic copy of the Merit Commissioner’s decision will be e-mailed to you, and the deputy minister (of the organization making the appointment) will be copied. The original decision letter will be mailed to your home.

Can I share the decision letter with others?

The decision letter is addressed to you, to do with how you choose.