What are the main forms of recourse available?

If there is a dispute over the contents of an appraisal or if the provisions of a particular department or agency’s applicable directive have not been adhered to, two options are available to the employee involved: the use of an informal internal remedy, if one is provided for in the directive in question, and the filing of a non-adjudicable grievance.

In cases where the provisions of a collective agreement have been violated or there has been a failure to adhere to the fundamental principles listed above, an adjudicable grievance may be filed. However, the filing of such a grievance is subject to CAPE approval and representation.

For both types of grievances (adjudicable or not), CAPE will provide representation based on its assessment of the merits of the case; in all such dispute cases, however, CAPE recommends that the employee attach his or her own written comments to the appraisal prepared by the employer, in order to establish a formal record of his or her views, as the employee is entitled to do under the provisions of CAPE’s three collective agreements

Disclaimer: Material contained on this page is intended for general information purposes only. It is not intended as professional counsel or legal opinion. Any analysis or interpretation contained herein should not be considered to be CAPE’s final analysis or interpretation and is subject to change. It is not binding on CAPE. Every case is highly fact-specific and, as a result, the outcome of any particular case will vary depending on the unique facts and legal issues involved.