Note: Only those departments listed in Regulation 93-137, Section 3 follow the legislated feedback and complaint process outlined in the Civil Service Act.
Unsuccessful screened-in candidates who apply for a competition may file a complaint if they have reason to believe the successful candidate was appointed to the position on the basis of favouritism.
Favouritism is the only grounds on which a complaint may be submitted.
Favouritism means giving preference to a candidate that is based on factors that supersede the assessment of qualifications, and that is attributable to a relationship or connection that is external to the workplace.
The complaint process is broken down into two steps. Step one must be completed before proceeding to step two.
Step 1: Filing a Complaint with the departmental deputy head
As a screened-in candidate, you may submit a complaint in writing to the departmental deputy head (see http://www2.gnb.ca/content/gnb/en/contacts/DeputyMinisters.html for a complete list) if you believe that favouritism played a role in the appointment of the successful candidate.
The departmental deputy head will make a determination if the complaint has merit.
| If the complaint | Then the deputy head |
|---|---|
| has merit | must reply to you in writing as to his/her findings as soon as is reasonable but will not exceed 15 calendar days from receipt of your complaint. If the deputy head finds that an appointment has been made on the basis of favouritism, the deputy head must take such measures as he/she considers appropriate, up to and including revoking the appointment of the successful candidate. |
| does not have merit | may decide not to investigate your complaint if, in his/her opinion, the complaint is frivolous, trivial, vexatious or not made in good faith. If the deputy head does not investigate your complaint he/she will provide you with a written notice identifying the reasons for doing so, within 15 calendar days from receipt of your complaint. |
Step 2: Filing a Complaint with the Ombudsman
(A complaint to the Ombudsman can only be made after step one has been completed.)
As a screened-in candidate, you may file a complaint with the Ombudsman if you are not satisfied with the response provided by the departmental deputy head.
When filing a complaint, you must provide in writing the reasons why you believe the appointment of the successful candidate was based on favouritism.
The Ombudsman will review the details of the complaint and determine if it has merit.
| If the complaint | Then the Ombudsman |
|---|---|
| has merit | will inform you, the deputy minister of the Office of Human Resources, and the departmental deputy minister concerned of the findings of the investigation. The Ombudsman may submit recommendations to the departmental deputy head and the deputy minister of the Office of Human Resources as a result of the findings and could recommend, if warranted, that an appointment be revoked. |
| does not have merit | may decide not to investigate the complaint if, in his/her opinion, the complaint is frivolous, trivial, vexatious or not made in good faith. If the Ombudsman decides not to investigate the complaint received, he/she provides a written notice to you with the reasons for doing so. |
You have 15 days after obtaining feedback, to file a complaint.