OFFICE OF THE COMMISSIONER FOR PUBLIC EMPLOYMENT AVOIDING APPEALS Terry Lisson Director Promotion Appeals & Grievance Reviews 16 March 2011

OFFICE OF THE COMMISSIONER FOR PUBLIC EMPLOYMENT The real issue should not be about avoiding appeals. It should be about how to avoid losing appeals.

OFFICE OF THE COMMISSIONER FOR PUBLIC EMPLOYMENT Everyone has a right to appeal, and they will, if they don’t understand the reasons for the decision. Appeals have little to do with process and much to do with substance.

OFFICE OF THE COMMISSIONER FOR PUBLIC EMPLOYMENT Disciplinary and Inability Appeals With these types of appeal the most important issue is that natural justice was afforded. The question of whether the process complied with natural justice is of far more concern to the Board than the process.

OFFICE OF THE COMMISSIONER FOR PUBLIC EMPLOYMENT What is Natural Justice? A person who may be adversely affected by a decision is entitled to know the evidence upon which the decision will be based, and must be given an opportunity to respond, and to have any evidence provided in response considered by an impartial decision-maker prior to a decision being made.

OFFICE OF THE COMMISSIONER FOR PUBLIC EMPLOYMENT Disciplinary and Inability Appeals If you have legitimate concerns that an employee has committed a breach of discipline or is unable to perform adequately then don’t let fear of an appeal stop you from taking appropriate action.

OFFICE OF THE COMMISSIONER FOR PUBLIC EMPLOYMENT Promotion Appeals Promotion appeals are about merit and the Board’s concern is not with process, but with one question only – was the merit principle applied? ( Merit = the capacity of a person to perform a job having regard to knowledge, skill, qualifications and experience and potential for development within the Public Sector.)

OFFICE OF THE COMMISSIONER FOR PUBLIC EMPLOYMENT Promotion Appeals Reminder that it is a myth that Individual Assessment reports in selection processes cannot contain comparison with the successful applicant. The best reports are the ones that leave no questions in the mind of the unsuccessful applicant.

OFFICE OF THE COMMISSIONER FOR PUBLIC EMPLOYMENT Promotion Appeals Many appeals are avoided if it is clear why the promotee was found to be of superior merit – having regard to knowledge, skill, qualifications and experience and potential – not who did best in the interview or wrote the best application.

OFFICE OF THE COMMISSIONER FOR PUBLIC EMPLOYMENT Promotion Appeals Selection processes and information given in individual reports should not take the place of proper performance management and meaningful feedback about an employee’s suitability for promotion.

OFFICE OF THE COMMISSIONER FOR PUBLIC EMPLOYMENT Best Tip for Avoiding Appeals Explain accurately, and with as much detail as possible, the reasons for the decision.

OFFICE OF THE COMMISSIONER FOR PUBLIC EMPLOYMENT Best Tip for Avoiding Losing Appeals Follow the principles of Natural Justice & In the case of Promotion Appeals: Be sure the selection was based on merit.