I’m not satisfied with my agency review. How do I apply for a secondary review of a general employment matter by the Merit Protection Commissioner?

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?

  1. For general employment reviews, the Office acknowledges receipt of your application. If it isn't accepted, we advise you of the reasons.
  2. Your agency is informed and asked to provide information from their review file.
  3. Your case is assigned to a review adviser.
  4. 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.
  5. After the review adviser has considered all the information, your case is sent to the Merit Protection Commissioner's delegate.
  6. The delegate makes a recommendation and provides a report of their findings to you and to your agency.

secondary review chart

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.