DAOD 5029-2, Corrective Action and Revocation


1. Introduction

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. Overview

Purpose

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.

Procedural Fairness

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:

  1. present relevant facts; and
  2. have their position fully and fairly considered.

Official Languages

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:

  1. the DND Staffing Management and Accountability Framework; and
  2. DAOD 5005-2, Delegation of Authorities for Civilian Human Resources Management.

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3. Applying Corrective Action and Revocation

Initial Review

3.1 When a complaint about an internal appointment is received, the DGWM shall, on behalf of the DM:

  1. review the complaint; and
  2. determine whether an investigation is warranted.

Investigation

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:

  1. conduct the investigation;
  2. 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
  3. 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:

  1. the nature of the corrective action;
  2. the effective date of the corrective action and the reason for the determination; and
  3. 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:

  1. the effective date of the revocation and the reason for the determination;
  2. whether the DM will appoint the employee to another position for which the employee is deemed to meet the essential qualifications; and
  3. 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. Responsibilities

Responsibility Table

4.1 The following table identifies the responsibilities associated with corrective action and revocation:

The ... is or are responsible for ...

ADM(HR-Civ)

  • providing advice and guidance to the DM relating to this DAOD.

DGWM

  • developing and communicating this DAOD to DND employees and CAF members who act as managers or supervisors of DND employees;
  • ensuring that the principles of procedural fairness are respected;
  • providing advice, guidance and recommendations to the DM, through the ADM(HR-Civ), with respect to this DAOD; and
  • monitoring and reviewing the application of this DAOD.

delegated persons

  • cooperating in investigations;
  • notifying the DM of any alleged error, omission or improper conduct in relation to an appointment; and
  • applying corrective measures as determined by the DM.

managers

  • complying with the requirements of this DAOD.

DND employees

  • notifying the DM of any alleged error, omission or improper conduct in relation to an appointment; and
  • cooperating in investigations.

5. References

Acts, Regulations, Central Agency Polices and Policy DAOD

Other References

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