Job classification recourse for civilian employees
Civilian recourse and complaint mechanisms
Review our Information on civilian classification at DND to understand how classification works.
If you have concerns about the classification of your position, you can:
- discuss with your manager or Chain of Command,
- file a labour relations grievance by contacting your bargaining agent if you are represented by a union, or
- file a classification grievance.
If you are unable to resolve your concerns through these mechanisms, contact our office.
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Manager or Chain of Command discussion
If you believe your job description does not accurately reflect your duties, discuss this with your manager. Your manager can review your duties and submit a request to the Director of Civilian Classification and Organization (DCCO) to have a unique job description or standardized job description (SJD) applied to you.
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Labour relations grievance
You may file a labour relations grievance involving any occurrence or matter affecting the terms and conditions of your employment. One example is your job description. Consult your collective agreement for the time limit to file. The outcome of a labour relations grievance may result in a job description being sent to the DCCO for review.
For more information review your collective agreement, Federal Public Sector Labour Relations Act, and the Defence Administrative Orders and Directives 5026-0, Civilian Grievances.
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Classification grievance
You may file a classification grievance when you object to a classification decision for your position. A classification grievance is processed differently from labour relations grievances.
Once a decision is made on the classification of your position there are three steps to follow:
- If you are not satisfied with the decision, speak with your manager. If necessary, your manager may pursue this matter with DCCO for additional information.
- If you are still unsatisfied, you can file a classification grievance. Employees have 35 calendar days from the date of the classification decision or when they are made aware of the decision to present their grievance. You may present a classification grievance either through your union representative or directly to your manager.
- Classification grievance decisions are final and binding. Therefore, if you are still unsatisfied, your only recourse is to apply for judicial review at the Federal Court. You are required to file for Judicial Review within 30 days after the date the decision or order was first communicated to you. If more than 30 days have passed since the decision was communicated, you must bring a motion for an extension of time to commence a proceeding for judicial review.
How classification grievances are processed
Depending on your collective agreement, you have up to 35 calendar days from the date of the classification decision or when you are made aware of it to present your grievance. You may present your grievance either through your bargaining agent (i.e. your union representative) or via your manager. In turn, your manager will send the grievance to the DCCO, who administers classification grievances for the DND.
A committee of three representatives, usually including one representative from TBS, and two from DND, is formed to review your classification grievance. You will present your comments and arguments, usually though your union representative. Your manager may also appear before the committee to provide clarification, as required.
The committee will discuss the presentations and provide a report to Director General Human Resources Operations. This report will provide recommendations regarding the classification. You will receive a written decision based on that recommendation, which will include the classification and the effective date of the decision.
Since a classification grievance decision is final and binding, your only recourse is to apply to the Federal Court for judicial review.
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Information for managers
If you are a civilian or military manager and you are looking for more information on classification grievances, please review Manager’s Responsibilities. You may also contact the Directorate of Civilian Classification and Organization (DCCO) for further guidance.
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How can we help?
If you feel you are not being treated fairly in terms of the classification grievance process or a labour relations grievance process, or if you would like to obtain more information, contact us.
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Related documents
- Information on civilian classification at DND
- Classification De-Classified(accessible only on the Human Resources-Civilian [HR-Civ] Intranet)
- Positions over People: An Investigation into Delays in the Administration of Civilian Classification at the Department of National Defence
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