Settlement Conferences for Staffing Complaints

Settlement Conference at the PSLREB

Settlement conferences and Mediations give the parties an opportunity to directly discuss the complaint and to develop mutually satisfactory solutions. These processes are based on the staffing values set out in the preamble of the Public Service Employment Act, namely respect for employees, effective dialogue, and recourse aimed at resolving appointment issues.

General Similarities

  • Both are confidential processes in the presence of an impartial third party;
  • The goal is to come to a resolution and obtain a withdrawal of complaint;
  • The decision to settle and the content of the Terms of Settlement belong to the parties.

Differences

Settlement Conference

  • A process conducted at the discretion of the Board;
  • A rights-based evaluative process;
  • Chaired by a Board member.

Mediation

  • A process proposed by the Board;
  • An interest-based facilitative process;
  • Conducted by a mediator, a Board employee.

What is a Settlement Conference?

A settlement conference allows the parties to discuss the strengths and weaknesses of their case with the assistance of a Board member. It differs from mediation in that it is an evaluative process and is chaired by a Board member.

The Board selects cases to proceed to a settlement conference based on the following criteria:

  • Parties have divergent opinions on an issue of law;
  • It could be in the interest of the parties to settle the complaint; or
  • Any other reason deemed appropriate by the Board.

Once a date is set, the complainant and his or her representative and the deputy head's delegated representatives receive, in advance, a Notice of Settlement Conference summoning them to appear as well as copies of documents related to the process.

Settlement Conference Forms for Staffing Complaints