Commissioner’s Standing Orders (Grievances and Appeals) (SOR/2014-289)

Marginal note:Conduct of appeal

• 30 (1) The Commissioner must render his or her decision in respect of an appeal or any matter arising in the context of the appeal as informally and expeditiously as the principles of procedural fairness permit.

• Marginal note:Matters not provided for

  (2) If any matter arises in the context of an appeal that is not otherwise provided for in the provisions of the Act, the Regulations or this Part, the Commissioner may give any direction that is appropriate.

• Marginal note:Power to remedy — non-compliance

  (3) The Commissioner may remedy any failure by any party to comply with any provision of this Part.

Marginal note:Withdrawal of appeal

31 An appellant may withdraw their appeal by a written notice to the OCGA before it is disposed of in writing.

Marginal note:Evidence

32 The Commissioner, when considering an appeal or any matter arising in the context of an appeal, may accept any evidence submitted by a party.

Decision

Marginal note:Decision of Commissioner

• 33 (1) The Commissioner, when rendering a decision as to the disposition of the appeal, must consider whether the decision that is the subject of the appeal contravenes the principles of procedural fairness, is based on an error of law or is clearly unreasonable.

• Marginal note:Non-compliance with direction

  (2) Despite subsection (1), the Commissioner may, subject to the principles of procedural fairness, dispose of an appeal against the interests of a party that has failed to comply with any of his or her directions.

Marginal note:Service of decision

34 The Commissioner must cause a copy of the decision referred to in subsection 45.16(7) of the Act to be served on the parties.

Marginal note:Opportunity to make submissions

• 35 (1) Before rescinding or amending a decision under subsection 45.16(10) of the Act, the Commissioner must give the parties an opportunity to make submissions.

• Marginal note:Service

  (2) If the Commissioner rescinds or amends the decision, he or she must cause a copy of the notice of rescission or a copy of the amended decision to be served on the parties.

PART 3Appeals (Other than Part IV of the Act)

Interpretation and Application

Marginal note:Definitions

36 The following definitions apply in this Part.

adjudicator

adjudicator means a person designated as an adjudicator by the Commissioner. (arbitre)

appeal

appeal means an appeal referred to in section 37. (appel)

appellant

appellant means the member who makes an appeal or the former member who makes an appeal of their discharge from the Force. (appelant)

parties

parties means the appellant and the respondent. (parties)

respondent

respondent means

• (a) in the case of an appeal that has not been consolidated with any other appeal, the person who rendered the written decision that is the subject of the appeal or, if that person is absent or unable to act, the person who replaces them; or

• (b) in the case of an appeal that has been consolidated with another appeal, the person designated under paragraph 43(b) or (c). (intimé)

Marginal note:Application

37 This Part provides the process for appeals

• (a) of a written decision that is made in the course of a selection process for the promotion of a member to a higher rank or that is in respect of a job requirement established for a position, other than an official languages requirement;

• (b) of the written decision referred to in subsection 9(2) of the Commissioner’s Standing Orders (General Administration);

• (c) of the written decisions referred to in subsection 20(1) of the Commissioner’s Standing Orders (Employment Requirements);

• (d) of the directive referred to in subsection 20(2) of the Commissioner’s Standing Orders (Employment Requirements); and

• (e) of the written decisions referred to in subsection 32(1) of the Commissioner’s Standing Orders (Conduct).

Presentation of Appeal

Marginal note:Statement of appeal

38 For the purpose of the provisions referred to in section 37, an appeal must be made by filing a statement of appeal with the OCGA within 14 days after the day on which a copy of the decision giving rise to the appeal is served on the member who is the subject of that decision. The statement must be accompanied by a copy of the decision that is being appealed and include the following information:

• (a) the appellant’s name and employee number;

• (b) a concise statement of the reasons why the appellant is of the opinion that the decision that is the subject of the appeal contravenes the principles of procedural fairness, is based on an error of law or is clearly unreasonable; and

• (c) particulars concerning the redress requested.

Marginal note:Obligation to file material

39 The respondent must, as soon as feasible after being served with the statement of appeal, file with the OCGA the material that was before the person who rendered the written decision that is the subject of the appeal when that decision was rendered.

Marginal note:Supporting documents

• 40 (1) The OCGA must provide the appellant with an opportunity to file written submissions and other documents in support of their appeal.

• Marginal note:Restriction

  (2) The appellant is not entitled to

  • (a) file any document that was not provided to the person who rendered the decision that is the subject of the appeal if it was available to the appellant when the decision was rendered; or

  • (b) include in their written submissions any new information that was known or could reasonably have been known by the appellant when the decision was rendered.

Marginal note:Service of documents

41 After receiving the statement of appeal and any written submission or other document filed by a party, the OCGA must cause a copy of each one to be served on the other party.

Informal Resolution

Marginal note:Informal resolution

• 42 (1) The parties may, until the adjudicator disposes of an appeal in writing, attempt to resolve the matters in dispute by way of an informal resolution process.

• Marginal note:Agreements for informal resolution

  (2) On request by a party, the adjudicator who is considering an appeal may

  • (a) review a proposed agreement for the informal resolution of the appeal;

  • (b) approve an agreement by the parties for the informal resolution of the appeal; and

  • (c) resolve any issues or concerns relating to the implementation of the agreement.

• Marginal note:Communications confidential and without prejudice

  (3) Any communications that pass among persons as a part of an informal resolution process are confidential, without prejudice to the parties and must not be disclosed unless the disclosure is

  • (a) agreed to by the parties;

  • (b) required by law;

  • (c) required for the purpose of reaching or implementing an agreement made as a part of the process; or

  • (d) required to protect the health or safety of any person.

Adjudicator

Marginal note:Adjudicator’s powers

43 An adjudicator, when considering an appeal, has the power to decide all matters related to the appeal, including the power

• (a) to render a single decision in respect of the appeal and any other substantially similar appeal that is being considered by the adjudicator;

• (b) to consolidate the appeal of an appellant with the appeal of any other appellant that is being considered by the adjudicator, with the consent of the appellants, and to designate the respondent for the consolidated appeal;

• (c) to consolidate the appeal with any other appeal of the appellant that is being considered by the adjudicator and to designate the respondent for the consolidated appeal; and

• (d) to extend the time limit referred to in section 38 in exceptional circumstances.

Marginal note:Conduct of appeal

• 44 (1) An adjudicator must render their decision in respect of an appeal or any matter arising in the context of the appeal as informally and expeditiously as the principles of procedural fairness permit.

• Marginal note:Matters not provided for

  (2) If any matter arises in the context of an appeal that is not otherwise provided for in the provisions of the Act, the Regulations or this Part, the adjudicator may give any direction that is appropriate.

• Marginal note:Power to remedy — non-compliance

  (3) The adjudicator may remedy any failure by any party to comply with any provision of this Part.

Procedure

Marginal note:Withdrawal of appeal

45 An appellant may withdraw their appeal by a written notice to the OCGA before it is disposed of in writing.

Marginal note:Evidence

46 The adjudicator, when considering an appeal or any matter arising in the context of an appeal, may accept any evidence submitted by a party.

Decision

Marginal note:Adjudicator’s decision

• 47 (1) An adjudicator may dispose of an appeal by rendering a decision

  • (a) dismissing the appeal and confirming the decision being appealed; or

  • (b) allowing the appeal and

    • (i) remitting the matter, with directions for rendering a new decision to the decision maker who rendered the decision being appealed or to another decision maker, or

    • (ii) directing any appropriate redress.

• Marginal note:Decision in writing

  (2) An adjudicator considering an appeal must, as soon as feasible, render a decision in writing that disposes of the appeal and includes reasons for the decision. The decision is final and binding.

• Marginal note:Considerations

  (3) An adjudicator, when rendering the decision, must consider whether the decision that is the subject of the appeal contravenes the principles of procedural fairness, is based on an error of law or is clearly unreasonable.

• Marginal note:Non-compliance with direction

  (4) Despite subsection (3), the adjudicator may, subject to the principles of procedural fairness, dispose of an appeal against the interests of a party that has failed to comply with any of their directions.

• Marginal note:Decision rendered in absence of Committee recommendations

  (5) If an appeal has been referred to the Committee under section 17 of the Regulations, the adjudicator may render a decision on the appeal in the absence of any findings or recommendations made by the Committee if the Committee Chairperson indicates to the OCGA that the Committee will not be making any or if the Committee does not make any within a reasonable time.

• Marginal note:Adjudicator not bound

  (6) The adjudicator is not bound to act on any findings or recommendations made by the Committee but, if the adjudicator does not so act, the adjudicator must include in the decision on the appeal the reasons for not so acting.

• Marginal note:Service of decision on parties

  (7) The adjudicator must cause a copy of the decision to be served on the parties.

• Marginal note:Service of decision on Committee

  (8) If the appeal has been referred to the Committee under section 17 of the Regulations, the adjudicator must cause a copy of the decision to be served on the Committee Chairperson.