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2. Guide on Priority Administration
3. > Part II, Chapter 7

Part II, Chapter 7: Reinstatement to Original Level

Table of Contents

• 7.1 Legal Basis
• 7.2 The entitlement
• 7.3 Duration of Entitlement
• 7.4 Higher-Level Appointment
• 7.5 Refusal of Appointment
• 7.6 Documents Required by PSC to Support Registration
• 7.7 Basis of Entitlement to the Reinstatement Priority

7.1 Legal Basis

PSER 10

• (1) An employee referred to in section 40 or subsection 41(1) or (4) of the Act or subsection 5(1), 7(1) or 9(1) of these Regulations who is appointed or deployed to a position in the public service at a lower level is entitled to appointment in priority to all persons, other than those referred to in section 40 and subsections 41(1) to (4) of the Act, to any position in the public service that is of a level that is not higher than the position the employee held immediately before the appointment or deployment to the lower level position and for which the Commission is satisfied that the employee meets the essential qualifications referred to in paragraph 30(2)(a) of the Act.
• (2)The entitlement period begins on the day of the appointment or deployment to the lower level and ends on the earliest of
  • (a)the day that is one year after the day of the appointment or deployment,
  • (b)the day on which the employee is appointed or deployed for an indeterminate period to a position in the public service that is of a level equivalent to or higher than the position the employee held immediately before the entitlement took effect, and
  • (c)the day on which the employee declines an appointment or deployment referred to in paragraph (b) without good and sufficient reason.

7.2 The entitlement

The entitlement is for an indeterminate appointment ahead of all others, except for persons with a statutory priority, to a position that has a level that is not higher than the position the person held immediately before the appointment or deployment to the lower-level position. The priority person must meet the essential qualifications, referred to in PSEA 30(2)(a), of the position to which they are to be appointed.

The entitlement applies to persons who were appointed or deployed on an indeterminate basis to a lower-level position while holding one of the following types of priority status (This list is an expansion from the previous PSER, which only applied to the surplus, lay-off and disabled persons priority types):

• Surplus;
• Leave of absence;
• Lay-off;
• Employee who becomes disabled; or
• Relocation of spouse/common-law partner.

There is no specified order of appointment with respect to persons holding other regulatory priorities.

Note: Employees holding this type of priority entitlement are not eligible to be appointed to a higher-level position. The entitlement is for an appointment to a position that is equivalent to their original position. To determine if the appointment meets the conditions in PSER section 10 for the entitlement for priority, the PSC applies the calculation in the Employer's Definition of Promotion Regulations.

7.3 Duration of Entitlement

The entitlement period begins on the day of the appointment or deployment to the lower level and ends on the earliest of:

1. the day that is one year after the day of the appointment or deployment,
2. the day on which the employee is appointed or deployed for an indeterminate period to a position in the public service that is of a level equivalent to or higher than the position the employee held immediately before the entitlement took effect, and
3. the day on which the employee declines an appointment or deployment referred to in paragraph (b) without good and sufficient reason.

7.4 Higher-Level Appointment

If the priority person is appointed to a position that is of a level higher than the position the employee held immediately before the entitlement took effect, the entitlement would cease. Such an appointment would not be on a priority basis but could occur, for example, as the result of normal participation in an advertised or non-advertised appointment process.

7.5 Refusal of Appointment

If the employee refuses to be actively marketed or to pursue serious opportunities or refuses a job offer for other than good and sufficient reason, the PSC may cancel the priority entitlement.

7.6 Documents Required by PSC to Support Registration

NOTE: Only the PSC registers this priority in the PIMS.

The hiring organization must provide the PSC with a copy of a signed letter of offer or other evidence that the appointment has taken place.

The PSC identifies lower-level appointments from the document(s) indicated above and initiates the registration of those persons who are entitled to the reinstatement priority.

7.7 Basis of Entitlement to the Reinstatement Priority

The calculation to determine whether an appointment is to a lower level, for the purposes of determining if the appointment qualifies for the priority, is found in the Employer's Definition of Promotion Regulations.

For further information about pay administration, consult the TBS Directive on Terms and Conditions of Employment, particularly the Appendix - Terms and Conditions of Employment, particularly the Appendix - Terms and Conditions of Employment, Part 2 - Remuneration, sections 2.2.3 and 2.2.4.

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Date Modified:

2011-10-21