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PSST

About the PSST

Our Mandate

The new Public Service Staffing Tribunal was established through the Public Service Modernization Act which enacted a new Public Service Employment Act

The Tribunal has the authority to deal with complaints related to:

  • internal appointments,
  • lay-offs,
  • the implementation of corrective measures ordered by the Tribunal and
  • revocations of appointments. 

Powers of the Tribunal

In accordance with the Public Service Employment Act, the Tribunal may:

-provide mediation services at any stage of a proceeding in order to resolve a complaint  [subs. 97(1)];

-summarily dismiss any complaint that, in its opinion, is frivolous or vexatious [subs. 99(2)];

-order that a hearing be conducted using any means of telecommunication that permits all persons participating to communicate adequately with each other [par. 99(1)(b)];

-compel, at any stage of a proceeding, any person to produce any documents and things that may be relevant [par. 99(1)(e)];

-summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath in the same manner and to the same extent as a superior court of record [par. 99(1)(a)];

-decide a complaint without holding an oral hearing [subs. 99(3)];

-render a decision on a complaint and provide a copy of it, including any written reasons, and any accompanying order to the Public Service Commission and to each person who exercised the right to be heard on the complaint [s.101];

-in the case of a founded complaint involving a lay-off of an employee, set aside the decision of a deputy head to lay off the employee and order the deputy head to take any corrective action that it considers appropriate, other than the lay-off of another employee [subs. 65(4)];

-in considering whether a complaint against a lay-off is substantiated, interpret and apply the Canadian Human Rights Act, other than its provisions relating to the right to equal pay for work of equal value [subs. 65(7)];

-in the case of a founded complaint involving a revocation of an appointment, order the Public Service Commission or the deputy head to set aside the revocation [s. 76];

-in the case of a founded complaint involving an internal appointment, order the Public Service Commission or the deputy head to revoke the appointment or not to make the appointment and to take any corrective action that it considers appropriate [subs. 81(1)];

-in considering whether a complaint against an internal appointment is substantiated, interpret and apply the Canadian Human Rights Act, other than its provisions relating to equal pay for work of equal value [s. 80];

-in the case of a complaint involving a corrective action ordered by the Tribunal, order the Public Service Commission or the deputy head to revoke the appointment made as a result of the implementation of the corrective action, or not to make the appointment, and give the Commission or the deputy head any directions that it considers appropriate with respect to the implementation of the corrective action [s. 84].

 

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