What subjects can I raise during an informal discussion with my manager or in my comments written on a separate page?
In response to the performance appraisal, you can refer to mitigating circumstances relating to your situation, or to management’s failure to meet any of the obligations identified above. In addition, other items open to dispute that we would suggest include:
- failure to adhere to the terms and conditions of the applicable collective agreement, such as the fact that the person making the assessment must have observed or been aware of the employee's performance for at least one-half (1/2) of the period for which the employee's performance is evaluated (Article 36.01 of the EC Agreement, Article 23.01 of the TR Agreement, and Article 28.02b of the LoP Agreement), or failure to provide a copy of the performance assessment form in advance of the assessment (Article 36.02 of the EC Agreement and Article 28.03 of the LoP Agreement);
- the inclusion of confidential information, the discriminatory nature of the performance assessment, bad faith, etc.; and
- any other pertinent comments relating to your situation.
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.