CRITERIA |
Less likely to be eligible for performance pay |
More likely to be eligible for performance pay |
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Tenure of Appointment |
Appointed during good behaviour (or removable for cause) |
Appointed during pleasure |
Mandate of the Organization |
Organization’s mandate and processes resemble those of a court advice/recommendations and decisions are subject to judicial review or appealable to the Federal court applying legal rules to findings of fact decisions and recommendations affect personal rights and liberties determining rights between party litigants using rules of evidence testimonies are given under oath issuing subpoenas |
Organization’s mandate and processes are administrative and do not resemble those of a court advice, recommendations and decisions are not subject to review or appeal applying legal rules on the basis of policy or operational guidelines |
Function of the Position |
Combination of managerial/quasi-judicial and decision making functions (% of time spent doing each duty) |
Purely managerial (e.g.: financial management, HRM, etc.) |
Need for Independence |
Necessity to maintain arm’s length relationship or independence from government in decision-making (the greater the level of institutional independence required, the more inappropriate it would be to provide performance pay as this could be seen to affect the institutional independence of the organization) Government could be one of the litigants in a dispute before the organization |
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