Classification Grievances
For Employees
A classification grievance is a written complaint by an employee against the classification evaluation (group, sub-group or level) of the description of work he or she performs and assigned by management.
Information to consider before you proceed:
Employees are encouraged to discuss their position and its classification with their immediate supervisor. An employee may use informal conflict resolution practices which lead to shorter delays, non-adversary and good long-term working relationships
Job content and effective dates of the job grievances are resolved through the Labour Relations grievance process. Employees are encouraged to discuss their position with their immediate supervisor to resolve conflict/discrepancies at the lowest level through face-to-face dialogue.
Note: Persons employed on a casual basis; on a term basis for a period less than three months; on assignment or secondment; and those who are required to work less than one-third of the normal period for persons doing similar work are excluded from the classification grievance process.
Formal Grievance Process:
The Public Service Staff Relations Act (PDF, 64 KB) gives employees the right to present a grievance. Employees must present, in writing, the signed and dated Individual Grievance Presentation Form (TBS 34055) (PDF, 59 KB opens new window) to their immediate supervisor. They must also indicate the date on which they became aware of the classification decision and include the proof of their written notice of the position's classification decision.
Timelines:
An employee shall present a grievance no later than 35 calendar days after the day on which he or she received writing notice or becomes aware of the classification decision.
Next steps:
A Classification Advisor will be in contact with the grievor, either by email or telephone, to arrange a hearing session when the classification grievance is deemed receivable. This process may be lengthy as it involves a thorough analysis and research. It involves discussions with different parties such as the grievor, the Union representative and a Treasury Board Classification Grievance Analyst.
Once the hearing has been held, the grievor will be advised in writing of the grievance decision through the Classification Grievance Committee report signed by the committee members and the Classification grievance decision delegate. The report will state the classification, the effective date of the decision and that the decision is final and binding.
For Managers
Managers are encouraged and strongly recommended to discuss with their employees their respective position and the classification process. As a best practice and also to prevent formal grievance submission, managers are responsible to present and discuss with their employees their respective job descriptions. Most importantly, managers are encouraged to have their employees involved in the job content or organizational development process to promote transparent management practices and increase employee engagement.
Information to consider before you proceed:
A change to the Classification decision or the organizational context of a position gives the employees 35 calendar days to submit a classification grievance. Managers are responsible for ensuring that employees are formally notified in writing of classification decisions that affect the position they occupy and that they have been provided their position's job description and evaluation ratings.
Next steps:
Upon receipt of a written classification grievance by an employee, managers must ensure they submit the signed and dated Individual Grievance Presentation Form (TBS 34055) (PDF, 59 KB opens new window) in the HRSC portal using the General HR Enquiry Form (Classification > Classification Grievance) and include additional documents relating to the written notice of the position's classification decision to the employee.
When the job content and the classification level of the position are both contested the classification grievance, received in time, will be held in abeyance until a decision is rendered on the Job Content grievance. Managers are responsible to ensure that job descriptions reflect the work assigned and performed by their employees within the organizational structure, that they are updated when the work changes significantly and are submitted to Classification for evaluation, that they have reasonable and evidence based effective dates, and that job descriptions and organizational charts are approved and dated prior to the job evaluation.
Additional information:
When the classification grievance is active and a hearing is scheduled, Managers are responsible for responding to the questions of Classification Grievance Committee members.