Selection of Employees for Retention or Lay-Off: Frequently Asked Questions
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Additional Frequently Asked Questions
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1. What is a selection of employees for retention or lay-off process?
The objective of the selection for retention or lay-off process is to assess indeterminate employees performing similar positions/duties, in the same occupational group and level in the affected part of the organization, and to select on the basis of merit those employees who are to be retained to carry on the continuing work, and those who are to be subjected to Work Force Adjustment (WFA).
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2. Is a selection for retention process based on merit?
Yes, the objective of the selection for retention process is to select, on the basis of merit, those employees who are to be retained to carry on the continuing work of the affected part of the organization, and those who are to be subjected to Work Force Adjustment (WFA).
Merit is met when the Public Service Commission (PSC) is satisfied that the person meets the essential qualifications required for the work to be performed, as well as any current and future asset qualifications, operational requirements and organizational needs. Employees selected for retention must be assessed and found to meet each essential qualification identified on the statement of merit criteria, including official language proficiency, and any other merit criteria that are being applied in the selection decision (i.e. asset qualifications, operational requirements and organizational needs).
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3. Who will be included in a selection for retention or lay off process?
All substantive incumbents of the affected positions are to be included in the selection for retention process. This includes employees on leave (with or without pay) unless their position has been filled indeterminately behind them and those who are performing duties elsewhere, such as employees on assignment/secondment elsewhere and employees who have been appointed on an acting basis elsewhere.
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4. A selection for retention process was launched and affected employees to be assessed identified. An affected employee was subsequently deployed on an indeterminate basis to another position. Can the employee continue to participate in the selection for retention process?
No, only indeterminate incumbents of the affected positions are included in the selection for retention process. Employees who permanently leave the affected position are no longer eligible to participate in the process.
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5. Can an employee in the affected part of the organization volunteer for lay-off?
When management is required to reduce from within a group of similar positions, volunteers can be solicited from within the affected part of the organization. Employees who do not wish to be assessed for purposes of determining which employees will be retained and who may be laid off may volunteer to be laid off by completing and returning to their Manager the consent form available.
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6. Can a manager use an asset qualification when selecting between two qualified employees with affected rights?
A manager can use asset qualifications when selecting between two qualified employees with affected rights. There is no priority entitlement provided to employees in affected status. Appointments of affected employees must be based on merit, and all types of merit criteria can be used in making the selection decision.
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7. What will happen to employees who are selected for lay-off following the completion of the selection for retention or lay-off process?
Following the selection for retention and lay-off process, employee’s selected for lay-off will be notified in writing that their services will no longer be required due to a WFA situation and that their position is declared surplus. At this stage, the employee will be notified in writing whether or not he or she will receive a guarantee of a reasonable job offer.
An employees who does not receive a written guarantee of a reasonable job offer will be considered an opting employee and will instead be accorded in writing a period of either 90 or 120 days (depending on the applicable WFA agreement), during which to choose from one of three options:
- a 12-month paid surplus period;
- a lump sum payment called a transition support measure; or
- an education allowance.
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8. An employee on leave without pay (except sick leave) has decided to participate in a selection for retention or lay-off process while on leave without pay. Can the employee be compensated for time spent in the workplace for purposes of assessment (e.g. to attend an interview)?
Employees on leave without pay who voluntarily come to the workplace for purposes of assessment in the context of a selection for retention or lay-off process will not be compensated for time spent in the workplace. The leave arrangement in place remains unchanged.