- Can the Appeal Adjudicator change my salary on the pay scale, i.e. from Step 1 to Step 2?
- Can the Adjudicator assign a new salary scale to a class?
- Can the Adjudicator create a new class?
- Can my salary decrease if a factor is rated lower by the Adjudicator?
- Is a hearing required in order to render a decision?
- Do I have to appear before the Adjudicator if it is determined that a hearing is required?
- Can the Adjudicator move a position from the bargaining unit to the management pay plan?
- Does the Adjudicator have jurisdiction to place a position outside the existing collective agreement, i.e. from Clerk I, HS to Clerk I, GS?
- If the Appeal Adjudicator changes my classification, what will be the effective date of change?
- Can I be included as part of a group appeal without my knowledge?
- When is my appeal closed?
- Can the Adjudicator’s decision be appealed?
1. Can the Appeal Adjudicator change my salary on the pay scale, i.e. from Step 1 to Step 2?
No, this is outside the Adjudicator’s jurisdiction.
2. Can the Adjudicator assign a new salary scale to a class?
No, this is outside the Adjudicator’s jurisdiction.
3. Can the Adjudicator create a new class?
The Classification Appeal Adjudicator is empowered to decide if the rating of a factor being challenged is appropriate. A decision of the Adjudicator may result in a rating staying the same, being increased, or being decreased. The impact of changes in rating arising from decisions of the Adjudicator shall be processed by the Classification and Organization Design Division in accordance with Treasury Board Secretariat’s compensation policies.
4. Can my salary decrease if a factor is rated lower by the Adjudicator?
The impacts of changes in ratings arising from decisions of the Classification Appeal Adjudicator shall be processed by the Classification & Organizational Design Division in accordance with the Treasury Board Secretariat’s compensation policies.
5. Is a hearing required in order to render a decision?
The Adjudicator can render a decision without a hearing taking place. At the Adjudicator’s discretion, a hearing may be held in certain circumstances.
6. Do I have to appear before the Adjudicator if it is determined that a hearing is required?
An appellant may request that a representative or designate appear on their behalf. Upon consideration of the specific circumstances relating to an appeal, the Adjudicator may require the appellant(s) to appear at any time and in any place in the province deemed desirable. Participation in the hearing may occur in person or by video conference at the Adjudicator’s discretion.
The employing organization shall allow time off from regular duties to any employee who is required by the Classification Appeal Adjudicator to appear at a hearing.
7. Can the Adjudicator move a position from the bargaining unit to the management pay plan?
No, this is outside the Adjudicator’s jurisdiction.
8. Does the Adjudicator have jurisdiction to place a position outside the existing collective agreement, i.e. from Clerk I, HS to Clerk I, GS?
No, this is outside the Adjudicator’s jurisdiction.
9. If the Appeal Adjudicator changes a rating, what will be the effective date of change?
The impacts of changes in ratings arising from decisions of the Classification Appeal Adjudicator shall be processed by the Classification & Organizational Design Division in accordance with the Treasury Board Secretariat’s compensation policies.
10. Can I be included as part of a group appeal without my knowledge?
No, each member of a group that requests a group appeal must confirm their intention and consent in writing. The Classification Appeal Adjudicator may only consider and rule upon factors challenged by a group of appellants that have identical factor ratings, and are employed in the same classification by the same organization. The group shall have first submitted their request for review and received a decision from the Classification and Organizational Design Division.
If the Classification Appeal Adjudicator proposes a group review, the individual appellants must indicate in writing that they are in agreement with the group review.
11. When is my appeal closed?
An appeal is closed when an appeal decision is made by the Classification Appeal Adjudicator; the Adjudicator receives a written request to withdraw an appeal from an appellant; an appellant is dismissed with cause; or an appellant postpones a hearing more than twice.
12. Can the Adjudicator’s decision be appealed?
No, the decision of the Classification Appeal Adjudicator is final and binding on the parties to the appeal, and is not subject to the grievance or arbitration proces..