RE : Grievances - Employee Performance Review – Article 58

You will find attached two opinions from the Public Service Alliance of Canada (PSAC) explaining the inability to refer grievances on Employee Performance Review and the limited authority of the Public Service Staff Relations Board (PSSRB) on that matter.

These opinions were requested to clarify the viability to file other grievances on this topic. The facts of the case are as follows: Grievances were filed by members of the Saskatoon Local against the employer’s use of competencies in the assessment of the performance. The grievances were allowed at the final level of the grievance process. The corrective actions consisted of minor changes in the form and slight modification in the performance expectations. It was argued that the employees had to be assessed on the duties (tasks) of the work description not on the competencies, in referring to Article 58 - Employee Performance Review and Employee Files which that states “[…] employee’s performance means any written assessment and/or appraisal by any supervisor of how well the employee has performed the employee’s assigned tasks (underlined by the undersigned) during a specific period in the past”.

Even though we were successful, a decision at the final level of the grievance process does not constitute a legal precedent. For this reason, we have requested PSAC to assess the case in order to establish a legal precedent by referring this case to the PSSRB. Based on the PSAC reviews of the jurisprudence it is clear that the PSSRB is without jurisdiction to hear grievances against a performance appraisal, even when CRA add competencies to the appraisal. In concluding, the filing of grievances of that nature has limited results on the corrective actions.

If you have any questions, please do not hesitate to contact me.

In Solidarity,

Lyson Paquette, B.B.A
Labour Relations Officer.

LP/mlb

Att. Nancy Milosevic Grievance & Adjudication Analyst
Att. Nathalie St-Louis Grievance & Adjudication Analyst