Reviews Process
Upon receipt of the s59 request for review, the agency is asked to provide a report on the issues identified within your request and you are asked to sign an undertaking to maintain confidentiality in relation to information provided to you by the Commissioner.
Once the report and your undertaking has been received, you may be provided with a copy and the opportunity to comment on its contents.
Throughout the process, the reviewing officer may discuss issues raised by the investigation with you. The issues raised are also fully discussed with the Commissioner.
In addition, the reviewing officer, or the Commissioner, may seek relevant information from other sources, such as agency files, to assist them in the section 59 review.
All issues raised are followed up by the reviewing officer, and a report outlining the steps followed in conducting the review and the findings of the reviewing officer is prepared for the Commissioner.
Length of Grievance Process
After the initial period of internal consideration, the s59 review process can take anything from several days to several months (although the latter is quite rare). The best practice timeframe is around three months.
The Commissioner considers it important to deal with s59 reviews as quickly as possible, as drawn-out cases can be difficult for all involved.
Confidentiality
Confidentiality is observed at all times. The reviewing officer is required to conduct the investigation in a discreet and professional manner. All documents and information relating to s59 reviws are kept on confidential files. s 59 reviews are not discussed outside of the PAB&R, except to seek information from the agency or other relevant sources.
Final Decision
The Commissioner for Public Employment makes a final decision on the issues reviewed based on the report prepared by the reviewing officer, and any other relevant information obtained by the Commissioner.
Where a s59 review is about an action, intended action or decision by the Commissioner for Public Employment, the Commissioner delegates his/her powers under section 59 to an independent and impartial Chief Executive Officer, or suitably qualified person, to review and determine the matter.
Details of the decision, including the reasons for the decision, are usually given in writing to all parties. The Commissioner’s decision is final, and must be observed by all parties.