There are up to three levels of review, depending on employee status and position status. The first two steps of review are internal to the organization and the third step, available to employees who are unsuccessful for a bargaining unit position, is an independent review by the Merit Commissioner.

Step 1:  Request feedback from the manager/panel chair of the competition

• Normally feedback is verbal
• Expect to receive reasons about performance as an applicant (i.e. why unsuccessful and what could be done to improve)

Step 2:  Request an inquiry by the deputy minister of the organization making the appointment

• Must provide reasons (“grounds”) why the merit principle was not complied with
• Deputy minister (or designate) investigates competition and provides a decision

Step 3:  Request an independent staffing review by the Merit Commissioner

The Merit Commissioner is responsible for considering requests for reviews that claim the appointment was not made based on the principle of merit (i.e. non-partisan and based on an assessment of competence and ability to do the job) and/or was not the result of a process designed to appraise the knowledge, skills and abilities of eligible applicants.

The Merit Commissioner conducts an independent review into the appointment on the basis of the grounds presented by the employee. The grounds must be as those provided to the deputy minister when the internal inquiry was requested (step 2).

The comprehensive review starts with the employee who requests the review and includes, but is not limited to, all documentation related to the staffing process. The Merit Commissioner may request additional information from the parties, including verbal evidence to support the documentation. Discussions may take place with the manager responsible for the appointment decision or other members of the hiring panel or, if appropriate, the ministry’s strategic human resources staff, the BC Public Service Agency or with professional associations. These discussions assist to identify the issues, establish clear finding of fact, and lead to reasons for the Merit Commissioner's decision.

The Merit Commissioner generally issues a decision within 30 days of receipt of the review. A timely decision is important to the employee who has requested the review, the ministry (for operational requirements), and the applicant who has been offered a position.  

The decision is sent directly to the employee with a copy to the deputy minister. The Merit Commissioner may find that the appointment was based on merit, or direct that the appointment or the proposed appointment be reconsidered. The Merit Commissioner’s decision is final and binding.

After the decision has been issued, the Merit Commissioner sends a Point of Service Survey to the employee who requested the review. These surveys are for the purpose of continuous service improvement.

Read more about the review of staffing decisions, including step-by-step instructions for employees.