Employment & Assistance Appeal Tribunal of BC

Introduction to the Competency Assessment

The Employment and Assistance Appeal Tribunal has engaged in a number of initiatives to strengthen member skills relative to the work performed on behalf of the Tribunal. The Code of Conduct established the rules of conduct governing the professional and ethical responsibilities of Tribunal members based on the fundamental principle of a fair hearing and the requirement of independence in adjudicative decision-making. The Code of Conduct establishes the competencies that would enable members to meet the high service expectations of the public.

The Competency Assessment assists members to analyze skills and abilities and develop learning and development plans based on the competencies identified in the Code of Conduct. This tool will also be used to provide objective information on member competency in order to make recommendations for reappointment.

The Tribunal wishes to acknowledge the contribution of its members in developing both the Code of Conduct and the Competency Assessment, as well as acknowledging both the Justice Studies Board for its outstanding work in developing a competency framework for members of administrative tribunals and the work done by the Property Assessment Review Board in this area.

Competency Assessment

EVALUATION FRAMEWORK

The Competency Assessment is based on five core elements:

These sections are laid out sequentially to the hearing process to make for easier observation by the member assisting with the review. The only exception to a member performing the review is Competency #5: Decision Writing. This section will be completed by the Tribunal Chair for panel chairs. Each core element lists a number of competencies. A competency can be defined as a learned skill which can be accessed through observation of performance. Each competency has one or more performance indicators – specific actions that can be observed as evidence that the competence is demonstrated. While some competencies are expected to be demonstrated by both panel chairs and panel members, others are expected to be demonstrated by the panel chair only and this division is clearly indicated. As well, not all competencies or performance indicators may be demonstrated or observed in every hearing.

USE OF THE COMPETENCY ASSESSMENT

This tool can be used by members as a self-evaluative tool to identify competencies and where skills would be enhanced by additional learning. This tool will also be used to provide objective information on member competency for reappointments and, on request, for references.

A SELF-EVALUATIVE

The framework essentially provides a tool for continual learning and development. It will enable members to better understand the requirements of panel members and panel chairs; it makes those expectations clear and transparent. Members can review the competencies and performance indicators to assess their own level of learning. As well, members can ask another panel member prior to a hearing if they would be willing to provide informal feedback on their performance. The objective is to enhance members’ skills and knowledge.

Feedback could occur either in person after the panel makes a determination or later, by telephone.

PROVIDING INFORMAL FEEDBACK

The member requesting feedback on performance controls the process. The member reviews the competencies and the relevant performance indicators and reflects on his or her level of skill. The observing member may then share his or her observations. If the member determines s/he requires some training or coaching in a specific competency, s/he is to complete the Learning and Development Action Plan and submit it to the Tribunal Chair who will determine how to address this request.

PROVISION OF OBJECTIVE CRITERIA FOR REAPPOINTMENT

Each member will have the opportunity to demonstrate their skill level with the various competencies prior to reappointment. The observer will be either a mentor or the Tribunal Chair. The Competency Assessment provides objective information on which to base recommendations for reappointment. It would also be valuable for members who wish to work for other administrative bodies as well as providing a solid basis for recommendations for other types of work. A determination will be made by the observer for each performance indicator within a competency as to whether further training would be of benefit to the member, whether the member is performing adequately, or whether the member demonstrates a high level of competence and is able to mentor other members. When a panel chair is being observed, the observer will inform the appropriate Appeal Coordinator of the necessity of completing Competency #5: Decision Writing – Panel Chair – for that specific appeal. The Appeal Coordinator will then provide the Tribunal Chair with a copy of the decision for this purpose. Where the Competency Assessment is used to demonstrate member competency for reappointment or reference purposes, a completed copy is to be sent to the Appeal Panel Administrator who will place a copy on the member’s record and provide the member with a copy on request.

MENTORS

Mentors are members who have been determined to be competent to mentor other members and have agreed to act in this capacity. Mentors may provide coaching to other members, may assist first time panel chairs, and may act as observers to assist members using the Competency Assessment.

COMPLETION FOR REAPPOINTMENT OR FOR REFERENCE PURPOSES

Members who wish to have a record for reappointment or reference purposes are to contact the Tribunal and request assistance with completing the Competency Assessment. For reappointment purposes, a member is to contact the Tribunal for assistance one year prior to the expiry of his or her term of appointment.