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 Indigenous Employment Policy as:
- Stage One Priority (S1P): Indigenous peoples who are recognized members and descendent of a First Nations, Métis, or Inuit people indigenous to the present boundaries of the Northwest Territories; or
- Stage Two Priority (S2P): Indigenous peoples who are recognized members and descendent of a First Nations, Métis, or Inuit people indigenous to areas of Canada, outside of the present boundaries of the Northwest Territories. eligible for staffing priority under the Staff Retention Policy

How do I appeal?

You can appeal once you receive notification from a human resource representative 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 Indigenous Employment 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 questions about a staffing decision or your appeal rights

What happens if my appeal is received?

Your appeal application is reviewed to determine that it is complete, that you have appeal rights, and that you are appealing a proposed appointment that is appealable.
If the appeal application is dismissed for any of these reasons, you will be notified.
If the appeal application proceeds, it is given to a Staffing Review Officer (SRO), who reviews it and decides if there are grounds for appeal. The SRO may reach out to you for more information before making a decision.
If there are no grounds for appeal, your appeal application is dismissed and you will be notified.
If your appeal application is accepted, the appeal goes forward, and the SRO will conduct a hearing to examine the evidence presented in your appeal application and the evidence provided by the selection committee to determine if a procedural error occurred and whether it affected your opportunity to be the successful candidate. The SRO may reach out to you for more information during the hearing process.
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 they can require the selection committee to 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.