Staffing Complaint Process
Making a Complaint
Please note: The FPSLREB's decisions are posted on our website and include the name of the parties and witnesses as well as all relevant information.
Types of complaints
The Public Service Employment Act (the PSEA) provides the FPSLREB with the authority to consider, assist with resolving, hear and decide complaints involving:
- The deputy head's decision to lay-off an employee.
The ground for complaint is that the manager abused his or her authority in selecting the complainant for lay-off. [subs. 65 (1)].
- The decision of a deputy head or the Public Service Commission to revoke an appointment.
The ground for complaint is that the revocation was unreasonable. (s. 74)
- Internal appointments.
The grounds for complaint are abuse of authority in the application of merit and/or in the choice of process (advertised or non-advertised) and denial of the right to be assessed in the official language of the person's choice. [subs. 77 (1)]
- Failure of corrective action following a complaint against an internal appointment that was substantiated.
The ground for complaint is that the person was not appointed or proposed for appointment by reason of an abuse of authority in the implementation of the corrective action. (s. 83)
For more detailed information on the complaint process and FPSLREB procedures, please consult your union representative, HR specialist or the Procedural Guide for Staffing Complaints. If you choose to be represented during the complaint process, it is your responsibility to advise your representative as soon as possible that you have filed a complaint.
When must a complaint be filed?
All complaints must be filed within 15 calendar days following the date on which the employee who is complaining received notice of the appointment, proposed appointment, revocation or lay-off that is the subject of the complaint or, in the case of a public notice, 15 days after the date of the notice [s. 10 of the Public Service Staffing Complaints Regulations].
How must a complaint be filed?
The complainant may use a complaint form to make his or her complaint. Even though the use of a form is not obligatory a complaint must be filed in writing and must include the following information (s. 11 of the Public Service Staffing Complaints Regulations):
A complaint must be filed with the FPSLREB in writing and must include
- the name, telephone number and fax number of the complainant, and a mailing address or electronic mail address that can be disclosed to all parties;
- the name, address, telephone number, fax number and electronic mail address of the complainant's authorized representative, if any;
- the number or identifier, if any, of the process to which the complaint relates;
- a copy of the notice of lay-off, revocation, appointment or proposed appointment to which the complaint relates;
- the name of the department or agency, branch or sector involved in the process to which the complaint relates;
- a reference to the provision of the act under which the complaint is made;
- a full factual description of the events, circumstances or actions giving rise to the complaint, to the extent known by the complainant;
- the signature of the complainant or their authorized representative; and
- the date of the complaint.
To whom must the complaint be addressed?
The complaint must be addressed to the FPSLREB as follows:
Federal Public Sector Labour Relations and Employment Board
240 Sparks Street, 6th Floor West
Ottawa, Ontario K1A 0A5