The Public Service Employment Act

The Public Service Employment Act (PSEA), as we knew it, no longer exists. There is a new PSEA that abolishes the former Public Service Commission Appeal Board process with respect to staffing actions. The new PSEA sets up a Public Service Staffing Tribunal (PSST) with an entirely new recourse process and very limited grounds for filing a complaint about staffing actions. “Abuse of authority” is the main basis for a complaint and the Tribunal is clearly favouring mediation of staffing complaints over formal hearings.

With this new legislation, some 35 years of precedents established under the old PSEA Section 21 Appeals have been abolished. And forget relative merit. Best fit with respect to present and future staffing needs drive the process. Although the legislation has been in effect since December 2005, within the first year, very few cases were heard by the Tribunal. Only in the latter months of 2006 is a definition of ‘abuse of authority ‘ beginning to emerge.

The emphasis on mediation is reinforced in the PSST Regulations which require that mediation of a complaint be scheduled unless one of the parties informs the Tribunal that they have no wish to participate in mediation.

Another area where this legislation is explicit and limiting, is the section dealing with political activities. Political activities are now very broadly defined and go so far as to include joining or supporting a political party.

To learn more:

• read the PSAC Booklet on Staffing in the Federal Public Service (PDF)
• or try our Staffing Tutorial on line