MRPBS Publications - Human Resources Desk Guide

Purpose

The purpose of an appeal is to provide a Grievant an opportunity to have a third party review when:

• the agency disapproves a requested representative;

• the agency cancels or rejects a grievance;

• the agency issues an unfavorable decision on the grievance at the formal stage; or,

• the agency fails to complete the overall processing of a grievance within a total of 90 calendar days from the date the grievance was initially filed.

Representative Disapproved 

The appropriate Employee & Management Relations Branch will notify a Grievant, in writing, if their choice of a representative is not acceptable. A Grievant may appeal the disapproval to the Director, OHRM within ten (10) calendar days of receipt of the disapproval notice. 

Grievance Rejected

The appropriate Employee & Management Relations Branch will notify a Grievant, in writing, if their choice of a representative is not acceptable. A Grievant may appeal the disapproval to the Director, OHRM within ten (10) calendar days of receipt of the disapproval notice.

Grievance Denied

If dissatisfied with the formal grievance decision, within ten (10) calendar days of receiving the decision, a Grievant may request a final decision by the agency head with or without a third party review. If a third party review is requested, the appropriate Employee Relations Branch will forward the grievance to the Director, OHRM, who will assign it to a Departmental Grievance Examiner (GE) for review. The GE will issue a recommended decision to the agency head, who may then do one of the following:

• Adopt the recommendation as the final decision on the grievance, or grant more relief to the Grievant than recommended; or,

• Appeal the recommendation to the Director, OHRM. The Grievant will receive a final decision from the Director, OHRM.

If a third party review is not requested, the agency head will issue their decision within the required timeframe.

Time Limit Missed 

If the agency fails to render a grievance decision within 90 calendar days from the date that the grievance was initially filed, the Grievant may file an appeal with the Director, OHRM, within ten (10) calendar days of the end of the 90 days.