Re-evaluation & Appeals Clause Samples
Re-evaluation & Appeals. 6.1 An evaluation panel should re-evaluate a job where it is claimed that there has been a change to its content. This change may have resulted from the gradual addition of new features over a period or as a result of restructuring.
6.2 Part 2 paragraph 5 of the NJC agreement establishes the right to appeal for a reconsideration of grading. Procedures must be agreed locally to deal with such appeals. The NJC has issued joint guidance on the conduct of grading appeals.
6.3 In particular, where authorities are applying the scheme, procedures should be developed to ensure that appeals are decided using the scheme. A model procedure is attached at Appendix 2.
6.4 An employee who is dissatisfied with the grading of their job after an evaluation using this scheme has a right of appeal on one or more of the following grounds: • the scheme has been wrongly applied e.g. factor levels have been wrongly allocated; the evaluation panel has failed to follow guidance etc. • the job description questionnaire did not provide complete information • it is believed that an equivalent job is more highly graded and paid. • the job has been wrongly clustered for evaluation purposes or wrongly matched to a generic evaluation.
6.5 All union and employer representatives involved in appeals should be properly trained in the scheme design and operation and equalities considerations. They should not have been members of the panel which initially evaluated the job under appeal.
Re-evaluation & Appeals. (a) Where the Union or the employee believes that a position has been incorrectly classified as a result of an employee or Union initiated re-evaluation request, the employee and/or the Union shall have thirty (30) working days following receipt of the re-evaluation report referred to in Article 17.05 (b) to submit an appeal to the Executive Director, Human Resources. The employee or the Union may only appeal the differences between the authorized profile challenger responses to the WJQ Part II questions and the responses to the questions which were originally submitted by the employee or the Union as part of the re-evaluation request. The appeal must include a summary of the differences of alleged inaccuracies in the re-evaluation report with appropriate references to the revised approved job description and the job questionnaire (see Article 17.05(b)). The Executive Director, Human Resources will acknowledge receipt of the appeal within ten (10) working days and forward the appeal and a copy of the revised approved job description, re-evaluation report, and any supporting documentation to the Joint Re-evaluation Appeal Committee.
(b) The Joint Re-evaluation Appeal Committee will be a standing committee composed of two (2) representatives from the University and two (2) representatives from the Union. A University representative and Union representative will jointly train Committee members in the job evaluation method.
(c) The purpose of the Joint Re-evaluation Appeal Committee is to make a final and binding decision on the appeal. The Committee's decision will be supported by a rationale and shall not contravene or amend the Articles of agreement or the principles and practices of the job evaluation method.
(d) The Joint Re-evaluation Appeal Committee members shall have equal votes. If an issue cannot be resolved after two (2) meetings, a fifth mutually acceptable individual will be brought in to cast the deciding vote. The parties to this agreement shall maintain a list of "fifth" members in a Letter of Agreement.
(e) Re-evaluation Appeal Procedure
(i) The Joint Re-evaluation Appeal Committee, unless extenuating circumstances exist, shall meet within fifteen (15) days of the receipt of the appeal by the Executive Director, Human Resources.
(ii) The Joint Re-evaluation Appeal Committee shall give their decision and supporting rationale in writing to the employee, Union and Executive Director, Human Resources.