Policy 2.2.11: Appeal Procedures


Effective Date: January 1, 2003
Responsibility: Vice-President, People and Culture

STATEMENT

Management and Confidential employees have an appeal procedure to review decisions, which appear to affect his working conditions adversely or unfairly.

APPLICATION

Management and Confidential employees of the CBC/Radio-Canada . The governing policies and procedures for unionized employees are found in the applicable collective agreements.

DESCRIPTION

If resolution of a problem cannot be found through open discussion with her/his supervisor and for the next level of Management, a Manager or Confidential employee, without fear of reprisal, has the opportunity to initiate senior management review within the component, of a decision taken by superiors which appears to affect his working conditions adversely or unfairly.

RESPONSIBILITY

Supervisor and/or next level of management, in consultation with Human Resources as required.

REFERENCES

  • Accountability for the Management of Human Resources

HISTORY

Replaces previous Human Resources Policy: Appeal Procedure – Non-unionized Staff no. 1.4


PROCEDURES ON APPEAL POLICY 2.2.11:

ROLES AND RESPONSIBILITIES:

1. Management and Confidential employees are responsible for:

a) Discussing the complaint with their immediate supervisor and participating in discussions in an attempt to reach a mutually satisfactory resolution;
b) If the problem cannot be resolved, advising the supervisor that they intend to exercise their right of appeal;
c) Submitting the appeal to the appropriate level within prescribed time limits, describing the issues as perceived and clearly indicating the nature of concern and/or the redress being sought.

2. Managers receiving appeal submissions are responsible for:

a) Clarifying the situation, bringing the parties together to find a solution to the problem, including redress, where appropriate.
b) Selecting the most appropriate procedure in each instance, in consultation with Human Resources.
c) Keeping employees informed and giving them an opportunity to reply to any arguments against their appeal.
d) Providing employees with a written answer within the prescribed time limits, indicating which is the next level to which an appeal may be taken, should this be necessary.
e) Sending all items of correspondence relating to appeals to the Director or Manager, Human Resources.
f) Respecting the confidentiality of discussions and related appeals.

3. The Human Resources department is responsible for:

a) Advising the employee/manager of his rights and obligations and ensuring that he/she understands how the process works
b) Ensuring that prescribed time limits are observed; (Delays beyond prescribed time limits shall be allowed only in the event of circumstances beyond the control of the person in question.)
c) Keeping for reference all documents relating to appeals in a confidential appeal file. Please refer to Corporate Retention Schedule (HR Industrial Relations – Appeals) note: general appeal records must be maintained for 2 years, records of a specific employee must be maintained 3 years following the date of resolution.
d) Informing the office of the appropriate Vice-President/Executive Director of the final decision with respect to each appeal.

LEVEL OF APPEAL

  1. The first level of appeal is level two, the Manager to whom the employee's supervisor reports. The final and third level, is the Senior Appeal Committee. The number of intermediate levels of appeal shall be determined by the Vice-President/Executive Director of the component, after consultation with the line officers involved, however, there will not be more than three levels including the Senior Appeal Committee.
  2. Employees reporting directly to a Vice-President may submit their appeal directly to the Senior Appeal Committee with a copy to the Vice-President of People and Culture.
  3. The employee must submit the appeal to the first level within thirty (30) working days of the decision or the facts, which gave rise to the complaint or of the employee becoming aware of such facts.
  4. The Manager must provide the employee with a written answer within ten working days of receiving the appeal. Should the appeal be rejected at this stage, the Manager must advise the employee where the appeal may next be taken, should he/she wishes to pursue the matter.
  5. Should the employee not be satisfied with the outcome of the first level, he/she must submit the appeal to the next level within five working days of receiving an answer to the first appeal.
  6. If the issue cannot be resolved within the component and the employee wishes to pursue the matter, it will be referred to the Senior Appeal Committee. This Committee includes the President and CEO, the Senior Vice-President Human Resources and Organization and a component/media Vice-President. The President and CEO and the Senior Vice-President Human Resources and Organization are standing members of the Senior Appeal Committee; the component/media Vice-President will be chosen in each case by those two and cannot, of course, be the Vice-President/Executive Director of the component from which the appeal has been made.
  7. The Manager sends all items of correspondence relating to appeals to the Director or Manager, Human Resources.

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