Staffing Appeals

What is a staffing appeal?

The Government of Northwest Territories staffing appeal process gives unsuccessful candidates, with appeal rights, an opportunity to appeal a staffing decision if they feel a procedural error was made during the hiring process.

Can I appeal?

You can appeal if you are:

a GNWT employee at the time you applied for the position.
eligible for staffing priority under the Affirmative Action Policy as:
- an indigenous Aboriginal person;
- an indigenous non-Aboriginal person;
- a resident disabled person;
- an NWT resident woman applying for a position classified as a management or non-traditional occupation.
eligible for staffing priority under the Staff Retention Policy

The terms indigenous Aboriginal, resident disabled, indigenous non-Aboriginal and resident women are as defined under the GNWT’s Affirmative Action Policy.

How do I appeal?

You can appeal once you receive notification from a human resource representative by phone, email or letter that a job offer was made and that you have appeal rights.

To file an appeal, you must complete a Staffing Appeal Application. On the application, please identify the hiring process procedural error that adversely affected how you were considered for the position. GNWT hiring procedures are available online and within the GNWT Human Resources Manual.

A staffing appeal application submitted by reason of eligibility under the Affirmative Action Policy must clearly state that eligibility.

Is there an appeal submission time limit?

Appeal applications must be received by 5:00 pm Mountain Time, within the following time limits. Applications received after the deadline will not be accepted.

Four (4) working days after the day you were notified in person or by phone.
Five (5) working days after the day the message was sent by fax or e-mail.
Ten (10) working days after the day the letter was sent by mail.

Where do I submit my appeal application?

Submit your appeal application to the Deputy Minister of Finance at:

Deputy Minister
c/o Staffing Appeals Administrator
Department of Finance
P.O. Box 1320
Yellowknife, NT X1A 2L9
Fax: 867-873-0414
Email: staffing_appeals@gov.nt.ca

Who can I contact if I have questions about a staffing decision and/or my appeal rights?

The human resource representative assigned to the competition will answer your appeal related questions.

What happens if my appeal goes forward?

Your appeal application is given to a Staffing Review Officer (SRO).
The SRO reviews your application and decides if there are grounds for appeal.
If the appeal is not eligible to proceed, you will be notified.
If the appeal goes forward, the SRO will schedule a hearing to listen to what procedural error you believe was made and how it affected your opportunity to be the successful candidate.
The SRO determines if the appeal is granted or denied.
The SRO completes a report that includes the reasons for their decision. You will get a copy of this report.
The SRO does not have the power to appoint you to the position if they agree a procedural error was made, but can restart the entire competition or from where the error occurred.

What if I disagree with the SRO’s decision?

The Staffing Review Officer’s (SRO) decision is final. The only way to challenge the SRO’s decision is through judicial review by the Supreme Court of the Northwest Territories. To apply for judicial review, an "Originating Notice for Judicial Review" must be filed with the Supreme Court of the Northwest Territories. The judicial review process is outlined in Part 44, Judicial Review and Appeals, of the Judicature Act.