Permanent employees who experience involuntary termination of employment due to lay-off, position abolishment, permanent disability (including injury on duty), or a requirement for transfer on compassionate grounds are eligible for priority consideration for redeployment. Priority consideration will only be given for positions at an equivalent or lower pay level unless, in the opinion of the PSC, it is in the public interest to do otherwise. Redeployment can only occur into alternate, suitable positions for which eligible employees are fully qualified.
This policy applies to all permanent employees whose appointment was subject to the recommendation of the Public Service Commission.
Priority Consideration
First consideration for advertised vacancies, subject to the terms and conditions of an applicable Collective Agreement, according to the following levels of priority:
Level 1: Employees incapable of performing core duties due to permanent disability, including injury on duty;
Level 2: Employees requiring transfer on compassionate grounds, employees whose positions have been abolished and who have received notice of layoff, and employees who have been informed that their positions are considered surplus.
Eligibility for priority consideration commences when:
a. The PSC receives medical evidence that employees can no longer perform the core duties of their jobs due to permanent disability, including injury on duty; or
b. requests for transfers on compassionate grounds are approved by the PSC; or
c. the PSC is formally notified that employees’ positions have been abolished or are considered surplus, and employees have been or will be issued notice of layoff.
Eligibility for priority consideration ends:
a. upon acceptance of alternate suitable employment in the provincial public sector; or
b. upon refusal of consideration for, or an offer of, alternate suitable employment; or
c. upon the end of the period of notice or pay in lieu of notice, whichever is later.
Redeployment The placement of a fully qualified, eligible employee into a suitable vacancy.
Redeployment for eligible employees can occur by:
(i) The posting of job advertisements and the consideration of eligible employees whose applications include their letter of eligibility for priority consideration; or
(ii) Through other mechanisms that may be established by the PSC
Where more than one eligible employee fully meets the requirements for redeployment into a vacancy, recommendations for appointment will be made in accordance with their level of eligibility for priority consideration. If applicants are equally eligible, recommendations for appointment will be based on relative qualifications and ability.
For information on the consideration of seniority for bargaining unit employees for bargaining unit positions, please see the Issuance of Recommendation for Appointment policy (LINK).
Suitable Employment
Positions with similar duties/responsibilities, bargaining units, classification/pay plans, and salary within the same geographical area. Disputes regarding suitability, including position duration and status (i.e. temporary), will be adjudicated by the Public Service Commission.
Vacancy
Unless otherwise prescribed in an applicable collective agreement, a vacancy is an opening in a permanent, seasonal or temporary position that:
- the employer wishes to fill; and
- is in excess of thirteen (13) weeks duration; and
- for which there is no employee eligible for recall
Department:
Employing departments/agencies must:
- obtain Treasury Board approval for position abolishment;
- obtain, and provide to the PSC, appropriate documentation to establish an employee’s permanent disability, grounds for a compassionate transfer, or position abolishment.
- obtain PSC approval of employee eligibility for priority consideration;
- obtain PSC clearing centre approval prior to filling any vacancy;
- ensure eligible employees are provided with appropriate information and supports (e.g. - EAP, Resume preparation, etc.);
- give priority consideration to eligible employees who apply for advertised vacancies, and who include their letter of eligibility for priority consideration;
- maintain documentation for all redeployment actions,
- obtain PSC approval before proceeding to the consideration of other applicants in competitions;
- document the rationale for refusing to redeploy an eligible applicant.
Public Service Commission:
The Commission will authorize eligibility for priority consideration for persons affected by permanent disability, position abolishment, job termination or who are requesting a transfer on compassionate grounds
The Commission will provide each eligible employee with a written letter indicating the maximum duration of his/her eligibility for priority consideration. The Commission will ensure that a merit-based assessment of priority candidates is conducted and that those recommended for appointment are fully qualified. An audit of all related departmental documentation will further ensure that eligible employees were considered in a fair and equitable manner.
The Commission will accept and review related complaints.
Employee:
The onus is on the eligible employee to identify and apply for suitable vacancies. Eligible employees must provide a current resume of qualifications to the hiring department, and must make themselves available for consideration.
To secure priority consideration for advertised vacancies, eligible employees MUST attach a copy of their letter of eligibility, as issued by the PSC, with resumes submitted.
In the case of permanent disability, the employee must provide medical evidence to the employing department to support their eligibility for priority consideration.
Employees seeking redeployment on compassionate grounds must notify their Deputy Minister/Chief Executive Officer of the reasons for their request.
Approval Date: 03-30-2004
C.M. 4-2003
Revised Date: 04-19-2004
C.M. 1-2004