Part II, Chapter 2: Persons Laid Off

Table of Contents

Table of Contents

2.1 Legal Basis

A. For Priority Entitlement

Persons laid-off pursuant to subsection 64(1) of the PSEA are entitled to the priority appointment provisions of subsection 41(4) of the Act.

Priority entitlement

PSEA 41(4) "Priority for appointment over all other persons shall be given, during the period determined by the Commission, to a person who is laid off pursuant to subsection 64(1)."

Period of entitlement

PSER 11. "The periods of entitlement referred to in subsections 41(4) and 44 of the Act begin on the day on which the person is laid off and ends on the earliest of:

  1. the day that is one year after the day on which the person is laid off,
  2. the day on which the person is appointed to a position in the public service for an indeterminate period, and
  3. the day on which the person declines an appointment to a position in the public service for an indeterminate period without good and sufficient reason."

B. For Laying Off Employees

Laying off of employees

PSEA 64. (1) "Where the services of an employee are no longer required by reason of lack of work, the discontinuance of a function or the transfer of work or a function outside those portions of the federal public administration named in Schedule I, IV or V to the Financial Administration Act, the deputy head may, in accordance with the regulations of the Commission, lay off the employee, in which case the deputy head shall so advise the employee."

Selection of employees

PSEA 64. (2) "Where the deputy head determines under subsection (1) that some but not all of the employees in any part of the deputy head's organization will be laid off, the employees to be laid off shall be selected in accordance with the regulations of the Commission."

Exception

PSEA 64. (3) "Subsection (1) does not apply where employment is terminated in the circumstances referred to in paragraph 12(1)(f) of the Financial Administration Act."

12(1) (f) of the Financial Administration Act states:

Subject to paragraphs 11.1(1)(f) and (g), every deputy head in the core public administration may, with respect to the portion for which he or she is deputy head,

(f) provide for the termination of employment of persons to whom an offer of employment is made as the result of the transfer of any work, undertaking or business from the core public administration to any body or corporation that is not part of the core public administration.

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2.2 Employer Related Issues

In addition to the provisions of the PSEA, the lay-off process is subject to other conditions and obligations specified in the Workforce Adjustment Agreements (WFAAs), in related agreements, and in the Directive on Career Transition for Executives (DCTE). These policies and agreements, which provide additional benefits to surplus employees and laid-off persons, may be consulted. These agreements are the responsibility of the Employer and all questions concerning their application and interpretation should be directed to the Employer.

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2.3 The Entitlement

Laid-off persons are entitled to be appointed to any position for which they meet the essential qualifications, referred to in PSEA 30(2)(a), in priority to all other persons, except:

  • surplus employees being placed within their own organization under section 40 of the Act; and
  • employees who are entitled to a leave of absence priority under subsection 41 (1) of the Act.
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2.4 Duration of Entitlement

The priority starts on the effective date of the person's lay-off (i.e., the date that he or she ceased to be an employee) and lasts for one year.

The priority ends when:

  1. the person has been appointed indeterminately;
  2. the priority period expires without an indeterminate appointment (one year after lay-off); or
  3. the person declines an appointment to a position in the public service for an indeterminate period without good and sufficient reason, as determined by the PSC.

NOTE: The start dates and durations of the various entitlements are set by the PSEA and/or PSER and cannot be altered. The PSC will only begin marketing the priority person once he or she is registered in the PIMS. Late registration will reduce the effective period of entitlement and may result in lost opportunities for the priority person.

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2.5 Appointment to a Lower-Level Position

If the person is appointed to a lower level during the priority period, he or she becomes entitled to the reinstatement priority (this does NOT apply to persons laid off under the FAA).

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2.6 Documents Required by PSC to Support Registration

  • The PIMS electronic on-line Registration Form; and
  • Letter of lay-off, with effective date, signed by the organization.
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2.7 Notes about Registration

If the laid-off person is already registered as an active surplus priority (and most persons will have been), the organization does not make a "new" registration because of the lay-off. Rather, there is simply a "change in priority type" from surplus to lay-off on the PIMS electronic Registration Form.

If the employee being laid off is not already actively registered as a surplus employee in the priority system, then the home organization must send a NEW registration through the PIMS, with supporting documentation.

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2.8 Provisions of the WFAAs Related to Priority Administration

The WFAA's and related agreements are the responsibility of the TBS. For details and up-to-date text and interpretations, please consult the TBS and the current WFAA's and related collective agreements (which may differ on certain points). They may be found on the work force adjustment section of the TBS web site.

These agreements are the responsibility of the Employer and all questions concerning their application and interpretation should be directed to the Employer.

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A) Retraining

A lay-off priority person may be entitled to up to two years of "retraining", pursuant to the WFAAs and related agreements. Please consult the TBS and the current WFAAs and related collective agreements.

B) Related Provisions of the Directive on Career Transition for Executives (DCTE)

Details on the provisions of the DCTE can be found in the work force adjustment section of the TBS web site.