ARCHIVED - Guidelines on Adjudication (Draft)

Review file: grievance and grievance replies, case chronology, briefing notes, etc.

Assessment of the merits, and consideration of potential preliminary objections relating to: timeliness, appropriate recourse, jurisdiction, etc.

Research and interpret jurisprudence: PSLRB, Federal Court, Supreme Court, etc.

Assess and weigh all mitigating and aggravating factors of the case (particular nuances, strengths, weaknesses, precedence setting, etc.)

Coordinate meetings with department or agency and TBS Legal Services to discuss the employer's position on the grievance

Determine the employer's position on the grievance, plan and ensure the proper preparation of the case for the hearing

In cooperation with the department or agency and TBS Legal Services Counsel: identify, obtain and analyze all further information or documents deemed necessary for the hearing

When applicable, consult with other related TBS subject matter experts (ex: Work Force Adjustment, TBS Negotiator, Pay Administration, Human Rights, etc.) or other central agencies (i.e. PSC, PSHRMAC, etc.)

Communicate with bargaining agent representatives with respect to the grievance. (i.e. discuss case, reassess chosen course of action, the desired corrective action, negotiate potential terms of settlement, etc.)

If applicable, prepare agreed statement of facts in cooperation with bargaining agent

If applicable, participate and assist in Legal Services' witness preparation efforts

If applicable, and in cooperation with TBS Legal Services: advise departments/agencies on the arranging and serving of subpoenas. For cases handled by departments/agencies, in cooperation with TBS Legal Services, arrange and serve subpoenas.

Prepare and/or sign settlement documents

Review adjudicator's decision, and, in consultation with department/agency and/or Employer Representation Group, TBS, as the case may be, and with TBS Legal Services determine whether the employer will challenge an adjudicator's decision before the courts

Expedited Adjudication: prepare and present case (chronology, agreed statement of facts in consultation with the bargaining agent, evidence to be submitted, research jurisprudence, case arguments supporting management's decision, etc.). Employer Representation Officers, from the Employer Representation Group, TBS, can also coach departmental/agency labour relations officers, should they wish to present the case themselves.