Rebuttal Panel Briefing

1. Rebuttal Panel Briefing Heather Madey Specialized Advisory Unit, CRSAS, HRSD May 2019

2. Learning Objectives After this presentation you should have a good understanding of: • The Rebuttal process; • The scope of the rebuttal panel’s review; • Your roles and responsibilities as a rebuttal panel member; and • What you are deciding as a rebuttal panel member. After this presentations you should be able to: • Determine if the staff member’s performance warranted the rating assigned; • Justify your determination in a well reasoned report; and • Ensure the integrity of the rebuttal process.

3. When Can a Staff Member Rebut? ST/AI/2010/5 Performance Management and Development SystemSection 15.1 • Staff members can only rebut an overall rating of • Partially meets performance expectations, or • Does not meet performance expectations. • Staff members cannot rebut a rating of • Successfully meets performance expectations, or • Exceeds performance expectations. • Comments cannot be rebutted.

4. Initiating a Rebuttal ST/AI/2010/5 Performance Management and Development SystemSection 15.1 • Staff member has 14 calendar days, after signing their completed performance document, to submit a rebuttal statement to their Executive Office or the Director/Chief of Administration/ Director of Mission Support.

5. Rebuttal Statement ST/AI/2010/5 Performance Management and Development SystemSection 15.1 and 15.2 • The written rebuttal statement should set forth the specific reasons why a higher overall rating should be given. • The statement should contain the names of three individuals from the pre-approved list, selected by the staff member, to serve on the rebuttal panel. • Each selected panel member must be equal in grade or higher than the first reporting officer whose evaluation is being rebutted. • The statement may be accompanied by supporting documentation.

6. Rebuttal Panel ListST/AI/2010/5 Performance Management and Development SystemSection 14.1 • The head of each department/office/mission shall draw up a list of rebuttal panel members composed of three groups of staff from the department/office/mission concerned, in equal numbers: • Panel members designated by the head of department/office/mission. • Panel members designated by the staff representatives of the department/office/mission in accordance with local practice. • Panel chairpersons selected by the head of the department/office/mission after consultation with staff representatives.

7. After Staff Member Submits Rebuttal Statement…ST/AI/2010/5 Performance Management and Development System15.3 • The head of department/office/mission or their representative (normally the first reporting officer) has 14 days to submit a brief written reply to the staff member’s rebuttal statement. • The reply may be accompanied by documentation.

8. Confidentiality Agreement /Conflicts of Interest • All panel members should sign a confidentiality agreement before receiving any information concerning the rebuttal. • All panel members should declare in writing any close relationships to the staff member or other actual/potential/perceived conflicts of interest.

9. Relevant Documents • The rebuttal panel members review all relevant documents, both individually and collectively. • Written rebuttal statement from the staff member. • Reply to the rebuttal statement from the first reporting officer or head of department/office/mission. • Performance document under consideration. • At any stage during the process, the panel may request additional information. • HR should keep a log and copy of all documents received.

10. Role of the Chairperson • The panel is headed by a chairperson chosen by the staff member from the rebuttal panel list. • Role of chairperson: • Leads the panel to ensure the prompt and effective review and resolution of rebuttal case. • The chairperson calls a meeting of the panel as soon as possible after receipt of all documentation.

11. Role of Human Resources • An HR officer or a PM focal point should be performing the role of adviser/expert. That role should be limited to clarifying questions on policy and procedure and providing administrative support. The adviser/ex officer should: • Instruct all parties on the rebuttal process; • Convene the rebuttal panel; • Provide guidance on policy and procedure; • Explain rebuttal panel report template (template provided); • Perform administrative tasks; • Keep a record of all documents provided throughout the process.

12. What is the Panel Deciding? • Whether staff member’s performance warranted the rating assigned. • Whether the staff member was advised that their performance was lacking. • Were remedial actions taken to address shortcomings.

13. The UN Performance Management Cycle START : April MID: October END: March • Start workplan and set SMART goals. • (Deadline: May) • Review goals, have a face to face conversation and give feedback. • (Deadline: November) • Review goals, have a face to face conversation, write comments & rate performance. • (Deadline: June)

14. Roles and Responsibilities of Staff Member • Understanding organizational goals. • Asking for clarification on performance expectations. • Participating in discussions with the FRO. • Completing each stage of the process on time.

15. Roles and Responsibilities of FRO • Developing the workplan with the staff member. • Conducting the midpoint review and final evaluation. • Providing ongoing feedback, advice, support and coaching. • Ensuring compliance with the ST/AI.

16. Roles and Responsibilities of SRO • Ensuring the FRO knows and applies the rules. • Holding the FRO accountable for fair and timely appraisals. • Providing feedback and evaluating the FRO’s performance & managerial ability. • Resolving disagreements between staff member and FRO. • Overseeing the performance improvement plan (if chosen by the FRO as a remedial measure).

17. Guiding Principles for the Panel • Keep an open mind. • Try to be objective. • Try no to identify with any role. • Remember there are no winners or losers.

18. First Panel Meeting • During the first meeting, panel members should: • Allocate responsibilities among each member. • Discuss the information provided and agree on what elements need to be clarified. • Schedule appointments for individual interviews with the staff member, the first and second reporting officer, and other individuals who may have information relevant to the case. • Decide which questions will be asked during the interviews.

19. Interviews • All panel members must be present. • The panel must interview the staff member, the FRO and the SRO (Section. 15.3). • Interview questions should relate to: • Whether staff member’s performance warranted the rating assigned. • Whether staff member was advised that their performance was lacking. • Were remedial actions taken to address shortcomings.

20. Decision of the Rebuttal Panel • The panel can only: • Maintain the original rating, or • Designate a new rating. • The panel cannot make recommendations or suggestions, nor can they modify comments made in the performance document nor change the ratings of the core values and individual competencies. • The panel’s decision must be justified in a report.

21. Report of the Rebuttal Panel • Should: • Summarize the staff member’s, FRO’s and SRO’s arguments. • Briefly outline the methodology undertaken by the panel. • State the decision of the panel and the reasons for reaching that decision.

22. What Happens to the Panels Report? • The report is sent by the human resources office (panel HR adviser/expert) to the Director/Chief of Administration or Director/Chief of Mission Support. • The Director/Chief of Administration or Director/Chief of Mission Support must inform the staff member of the panel’s decision and provide him/her with a copy of the panel’s report within 5 days of receipt of the final report by the panel. • The rebuttal panel’s report is also communicated to the first and second reporting officers. • The original report of the rebuttal panel is placed in the staff member’s official status file as an attachment to the completed e-Performance document.

23. QUESTIONS?