DAOD 5029-2, Corrective Action and Revocation
Table of Contents
Date of Issue: 2005-12-23
Effective Date: 2005-12-31
Application: This is a directive that applies to employees of the Department of National Defence (DND employees) and an order that applies to officers and non-commissioned members of the Canadian Armed Forces (CAF members) who act as managers or supervisors of DND employees.
Approval Authority: Assistant Deputy Minister (Human Resources – Civilian) (ADM(HR-Civ))
Enquiries: Director General Workplace Management (DGWM)
2.1 This DAOD provides a general outline of the authority of the Deputy Minister (DM) of the Department of National Defence to apply corrective action and revocation.
DM Delegated Authority
2.2 In accordance with section 15 of the Public Service Employment Act (PSEA), the DM has been delegated the authority to make appointments pursuant to the internal appointment process. The DM has further delegated this authority as set out in the Instrument of Delegation of Human Resources Authorities for Public Service Civilian Employees of DND.
2.3 The authorization given to the DM includes the power to revoke those appointments and to take corrective action whenever the DM, after investigation, is satisfied that an error, omission or improper conduct affected the selection of a person for appointment. The decision to investigate shall be based on a review of the facts of each case.
2.4 Pursuant to subsection 24(2) of the PSEA, the DM's power to revoke an appointment cannot be sub-delegated. The DM's power to revoke an appointment applies only to internal appointments made under the delegated authority of the DM.
2.5 The DM shall suspend any internal investigation where there is reason to believe that the appointment was not free from political influence or where fraud may have occurred, and refer the matter to the Public Service Commission.
2.6 Any person affected prior to or following a decision to apply corrective action or to revoke an appointment shall be accorded procedural fairness, including an opportunity to:
- present relevant facts; and
- have their position fully and fairly considered.
2.7 In accordance with the Official Languages Act, a person shall retain the right to use and to be addressed in the official language of the person's choice throughout the corrective action or revocation process.
Monitoring and Review
2.8 As directed by the PSC Appointment Policy, DND shall monitor and review activities related to the application of this DAOD in accordance with:
- the DND Staffing Management and Accountability Framework; and
- DAOD 5005-2, Delegation of Authorities for Civilian Human Resources Management.
3.1 When a complaint about an internal appointment is received, the DGWM shall, on behalf of the DM:
- review the complaint; and
- determine whether an investigation is warranted.
3.2 If it is determined that an investigation is not warranted, the DGWM shall, on behalf of the DM, advise the complainant and any other relevant party of any consequent action, if applicable.
3.3 If it is determined that an investigation is warranted, the DGWM shall:
- conduct the investigation;
- during an investigation, if it appears that there is reason to believe that an appointment was not free from political influence or where fraud may have occurred, inform the DM through the ADM(HR-Civ); and
- following an investigation, make a recommendation to the DM through the ADM(HR-Civ) regarding the application of corrective action or the revocation of an appointment.
Provision of Information in Cases of Corrective Action
3.4 If it is determined that corrective action will be taken and the result of that corrective action will have a direct impact on a person, the affected person shall be informed in writing of:
- the nature of the corrective action;
- the effective date of the corrective action and the reason for the determination; and
- their right to recourse, where applicable.
Provision of Information in Cases of Revocation
3.5 If it is determined that an appointment will be revoked, the affected employee shall be informed in writing of:
- the effective date of the revocation and the reason for the determination;
- whether the DM will appoint the employee to another position for which the employee is deemed to meet the essential qualifications; and
- the employee's right to file a complaint and the time period within which to make a complaint to the Public Service Staffing Tribunal on the ground that the revocation was unreasonable.
4.1 The following table identifies the responsibilities associated with corrective action and revocation:
|The ...||is or are responsible for ...|
Acts, Regulations, Central Agency Polices and Policy DAOD
- Public Service Employment Act
- Public Service Employment Regulations
- Appointment Policy, Public Service Commission
- Appointment Policy Questions and Answers – Revocation and Corrective Action, Public Service Commission
- Best Practices in Investigations, Public Service Commission
- Letters to Heads of Human Resources, Public Service Commission
- DAOD 5005-0, Civilian Human Resources Management
- DAOD 5005-2, Delegation of Authorities for Civilian Human Resources Management
- DAOD 5016-0, Standards of Civilian Conduct and Discipline
- DAOD 5029-0, Civilian Staffing
- Appointment Delegation and Accountability Instrument, Department of National Defence
- Instrument of Delegation and Human Resources Authorities for Civilian Public Service Employees of National Defence
- Staffing Management and Accountability Framework, Department of National Defence
- Financial Administration Act
- Official Languages Act
- Public Service Labour Relations Act
- Value and Ethics Code for the Public Service, Treasury Board
- DAOD 5012-0, DND/CF Harassment Prevention and Resolution
- DAOD 5015-0, Workplace Accommodation
- DAOD 7023-1, Defence Ethics Program
- DND/CF Harassment Prevention and Resolution Guidelines
- Workplace Accommodation Guidelines, Department of National Defence
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