Public Service Modernization

Deployment grievances

Transfer-related disputes can be grieved once the new Public Service Employment Act is in force (likely in December 2005).  However, the only matter than can be referred to adjudication is whether the employee who was transferred gave his/her consent to the transfer.  In addition, if the deployment arises out of a finding of harassment, the employee can argue against the harassment finding. 

Damages

Adjudicators can award damages in cases involving termination, demotion, suspension or financial penalties.

Not only can employees now formulate individual discrimination grievances as defined in the Canadian Human Rights Act, but adjudicators can now interpret and apply the CHRA and award damages for pain and suffering (up to $20,000) and exemplary damages (up to $20,000)

Larger role for the Canadian Human Rights Commission

The Canadian Human Rights Commission must be advised of all adjudications dealing with a human rights issue and can intervene at the hearing.

Adjudicator jurisdiction

Subject to general policies established by Treasury Board, the Deputy Heads of each department now have direct legislative authority to establish disciplinary standards and set penalties (including termination, suspension and demotion), to call for termination or demotion for unsatisfactory performance or for reasons that are not disciplinary in nature; or to call for the termination of persons to whom an offer of employment is made after the work has been transferred outside the core public administration.

In cases involving termination or demotion for unsatisfactory performance, an adjudicator can now only decide whether the decision rendered by the deputy head was reasonable.

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