The general employment review application form for review by the Merit Protection Commissioner is available.
You must submit your review application in writing to your agency.
Your application must state:
- why you are seeking a review
- the outcome you are seeking.
Your agency must:
- refer your application to the Merit Protection Commissioner
- provide us with all information relevant to the review it has undertaken
- provide you with a copy of the same information provided to this office (Regulation 5.30(2))
- do these things within 14 days unless it applies for an extension (Regulation 5.30(1)).
What happens in a secondary review of general employment matters by the Merit Protection Commissioner?
- For general employment reviews, the Office acknowledges receipt of your application. If it isn't accepted, we advise you of the reasons.
- Your agency is informed and asked to provide information from their review file.
- Your case is assigned to a review adviser.
- The review adviser contacts you and advises whether you need to provide more information. You may be asked to participate in a telephone interview with the review adviser.
- After the review adviser has considered all the information, your case is sent to the Merit Protection Commissioner's delegate.
- The delegate makes a recommendation and provides a report of their findings to you and to your agency.
In most cases, a review by the Merit Protection Commissioner addresses whether:
- your agency's procedures, policy or guidelines were substantially complied with
- the requirements of procedural fairness were substantially observed
- the decision under review was appropriate or reasonable in the circumstances
- the decision will then be confirmed, varied or set aside.