Merit and Guiding Principles

Introduction

The Merit Principle

What is the Principle of Merit?

Process Based on Type of Appointment

Applying the Merit Principle: Practice Considerations: What does merit mean for me?

• Consideration of the Merit Factors The Factors of Merit: Consideration and Flexibility

• Fair Treatment of Applicants

• Consistency Throughout the Process

• Reasonableness in Selection Decisions

Guiding Principles

Practice Considerations for Guiding Principles

• Just and Equitable Treatment  

• Open and Transparent

• Efficient and Effective

• Flexible and Innovative

• The Public Service is a Single Employer

• Respecting and Valuing Diversity

Accountability for Merit

Introduction

The goal of the staffing function in government is the recruitment, selection, promotion and retention of a competent and professional public service capable of providing quality services that meet the needs of British Columbians.  Fundamental to this process are several key, overarching principles, which originate in legislation and in policy and which are fundamental to best practice in staffing. This guideline describes these principles, and provides information about how to apply them.

If you require further explanation, have more specific questions, or wish to discuss a specific issue not addressed in this guideline, please contact your Human Resources Consultant.

Other references: 

• Staffing Policy: 4.1 Recruitment, Selection and Appointment ;

• Public Service Act; and 

• Public Service Act Review of Staffing Decisions Regulations.

The Merit Principle

What is the Principle of Merit?

Although the Act does not define the principle of merit, the commonly understood and accepted definition is as follows:

The Principle of Merit means that appointments are:

• Non-partisan, i.e. based on a selection process that is free of bias of political party affiliation and bureaucratic patronage*, and
• based on competence and ability to do the job

This definition is found in Policy Directive 4.1, Recruitment, Selection and Appointment, and is also commonly used and accepted in other jurisdictions that have “merit” legislation. 

*Note: bureaucratic patronage is defined as “solely because of the relationship with the person doing the hiring”.

Process Based on Type of Appointment

While the goal of every staffing action is to achieve a successful staffing outcome, the Act does distinguish between different types of staffing actions in terms of the whether or not merit principle applies, and how it is to be applied.

For some types of staffing actions, the Act specifies that the decision must be based on the principle of merit and be the result of a process designed to evaluate the knowledge, skills and abilities of applicants. In other words, for these types of staffing actions, a full process will be used. These include:

• regular employees appointed on a permanent basis; and
• temporary appointments of regular employees for over  7 months.

For other types of appointments, the decision must be based on the principle of merit, but there is no requirement to have a full staffing process. Example of staffing actions that fall into this category include:  

• temporary appointment of regular employees for of  not more than 7 seven months; in duration
• auxiliary appointments;
• recall of bargaining unit employees (auxiliary and regular);
• auxiliary appointments

• direct appointment by the Deputy Minister of the BC Public Service Agency; and

• many other special circumstances such as secondments, limited term appointments of less than 31 days, temporary help, direct appointments, Order-in-Council appointments, co-op students, Youth Employment Programs, Internships, and the Public Service Training Program.

Some types of staffing actions are exempted from any consideration of merit in the Act. They include:

• lateral transfers; and
• demotions.

Even where the Act does not require you to use a full process, however, you will still want to ensure that you are staffing someone who is competent to perform the duties of the position. Your Human Resources Consultant can assist you in determining the type of process that will be most effective for your staffing action.

For more information of the full range of staffing options available to you, see the Practice Guideline, Staffing Options.

Applying the Merit Principle: Practice Considerations

The attributes of a merit-based process are straightforward. They include: having an assessment that is based only on factors relevant to the work to be performed; using a fair and consistent process; and making decisions that are reasonable, based on the information available.

Although most managers understand and agree with the concept of merit, they may find it less clear to know to incorporate this concept into real-life staffing situations. The guidelines below provide some guidance with this.

The Factors of Merit

A merit-based process is based only on factors that are relevant to the job. Section 8 (2) of the Act describes the factors that need to be considered in determining merit. These are commonly referred to as the factors of merit. They are:

• Education
• Experience
• Knowledge
• Skills and abilities
• Past work performance
• Years of “continuous service” in the Public Service

Flexibility in the Consideration of Factors

When you are staffing, all of the factors of merit are to be considered. In some situations, however, you might determine that one or more factors is not relevant to the requirements for the position. In this case, no specific assessment of that factor is required.

The exception to this flexibility is in the factor “past work performance”, which is considered to be a key predictor of future work performance, and is to be assessed in every merit-based staffing action.

Note: some collective agreements contain provisions relating to the assessment of  "years of continuous service”, and this may limit the amount of flexibility that might be exercised for this particular factor. See the Manager’s HR Toolkit for more information on this topic.

Although the Act stipulates that you must consider the merit factors, it does not limit your assessment to only these particular factors.  Consider all factors that are relevant to the job, and include them in your assessment. Examples of other factors that you may wish to assess include:

• Behavioural competencies, both those that are “core” competencies and those that are specific to the ministry or the particular job; and
• Willingness statements and the capacity to fulfill them.

Where a new factor is identified and included in the staffing process, be sure to document the rationale for this decision

Ensure that you document your decision with regards to all of the merit factors, even those that you have decided not to assess specifically. See Practice Guideline: Documentation for more information.

Fair Treatment of Applicants

This concept does not mean that the process is exactly the same or identical for each applicant involved in a staffing action.  It means that each applicant is given consistent information and access to similar opportunities specifically related to the staffing action, and is assessed and evaluated under a common standard.

A staffing process that assesses candidates differently enough that one candidate is measurably disadvantaged, relative to other candidates, or assigns value to factors that are unrelated to competencies to perform the duties of the position would not meet the test of fairness.

Consistency Throughout the Process

A thread of consistency and relevancy should flow throughout each step in the staffing process. Each step in the process should flow logically from the step before, and there should be evidence of this in the documentation of the staffing action. For example, a review of the file of a staffing action where this “flow” is demonstrated would show evidence that:

1. The job duties are accurately described. 

2. The selection criteria are directly related to the job duties, although they may also include anticipated future requirements.

3. The advertisement clearly reflects both the duties and the selection criteria identified in steps 1 and 2, above. 

4. The assessment methodology and tools are consistent with the advertised selection criteria.

5. The appointment decision was a logical outcome of the assessment process.

6. There is clear documentation of the process used, including sufficient information to demonstrate how each of the factors of merit were considered.

Reasonableness of Decisions

Reasonableness in staffing is based on the employer’s obligation to take into account all relevant considerations and not base its judgment on any irrelevant factors. A reasonable staffing decision is one that a reasonable manager would have reached in light of the available facts.

Each decision point in the process, such as the establishment of qualifications, the assessment methods chosen and final selection decision, should be reasonable in view of the nature of the job duties and the organizational requirements.

Guiding Principles

Consistent with the merit principle, all staffing activities are subject to guiding principles. These principles are to be considered as a whole, rather than on any individual, stand alone basis. They are balanced and weighted against one another in any decision based on the current and future needs and requirements of the organization and program area. Keep these principles in mind as you plan, develop and administer your assessment strategy.

In brief, the principles of fair and reasonable merit-based staffing are:

• ensuring that staffing decisions are based on just and equitable treatment of all applicants;

• maintaining open and transparent staffing processes and practices;

• creating and maintaining efficient and effective staffing practices that recognize and respond to current and future organizational requirements;

• developing flexible and innovative staffing processes that reflect the nature and proportionate responsibilities of individual positions;

• operating on the basis that the public service is a single employer with a focus on broader corporate competencies and that provides government-wide opportunities for promotion and employee development; and

• respecting and valuing diversity to ensure the public service reflects the population it serves.

Guiding Principles: Practice Considerations

Just and Equitable Treatment

All decisions made in the recruitment, selection and appointment process should be made on an objective, impartial basis and be free of personal bias.  Decision makers must not allow their personal interests and beliefs to influence them in carrying out the staffing action.  All applicants should be treated with dignity and respect.

Ministry staff must ensure that any personal views or opinions do not impact their considerations and decisions in the staffing process.  This means:

• complying with the provisions of the Human Rights Code prohibiting discrimination on the basis of race, color, ancestry, place of origin, religion, family status, physical or mental disability, sex, sexual orientation, age, political belief, or conviction for a criminal or summary offence, and 

• ensuring the process is free of inadvertent or unintentional bias due to a particular personal or physical characteristic.

Open and Transparent 

This entails clearly communicating why a certain approach to staffing is being taken, the job requirements for the position, and the nature of the assessment and appointment process.  Openness also involves providing appropriate post-assessment feedback to unsuccessful applicants to provide them with an honest assessment of why they were not appointed to the position.

This principle does not affect a Ministry’s responsibility to ensure that personal and confidential information is handled with caution and discretion.

Efficient and Effective

Staffing practices and activities should support the organization’s current and evolving business needs. 

Flexible and Innovative

Related to the above principle, the need for flexible and innovative staffing processes encourages ministries to design and implement a range of staffing practices that will remain contemporary, evolving with the organization, as the organization’s needs change.

This principle recognizes that the staffing requirements and needs are not constant throughout the public service and that there will be a variety of staffing approaches in practices throughout government.

This principle also recognizes that innovative approaches may develop within branches depending on the job requirements of the position and that the magnitude and nature of the staffing process within an organization may vary depending on the scope of the job.

The Public Service is a Single Employer 

This statement is based on the government goal of treating employees as human capital and a corporate resource.  This principle establishes the need for ministries to begin to consider staffing, where appropriate, in a broader context, providing opportunities for both internal and external development of employees. 

Respecting and Valuing Diversity 

This final principle is intended to support the continued development of the public service that is reflective of the diverse culture of British Columbia.

Accountability for Merit 

Deputy Ministers are responsible for ensuring appointments are based on merit, and can delegate accountability and responsibility within their ministries through the Delegation of Authorities matrix.  Delegates have the responsibility to ensure that they can prove the test of merit.

This is a shift in general practice to the line managers/supervisors having responsibility for recruitment and selection and being held accountable for their staffing decisions.