If an opting employee were to choose opting “surplus” priority for the 12 months without a guaranteed reasonable job offer and were appointed to a lower level, the AJC if of the view that salary protection should be available because the employee remains “surplus” as per the definition set out in the WFAD.

For more information, please refer to sections 5.1, 5.1.2and the definitions of « surplus employee » and “surplus priority” of the WFAD.

Seniority may be a relevant consideration however it is up to the deputy heads to establish the criteria being used.

Article 34 of the collective agreement requires the employer to make every reasonable effort to ensure that any reduction in the work force is accomplished through attrition.

For information on the merit criteria used, please refer to the Public Service Commission´s Guidance Series: Selecting Employees for Retention or Layoff.

• The AJC Representations Policy
• The LP Collective Agreement
• The National Joint Council Public Service Health Care Plan Directive
• The National Joint Council Work Force Adjustment Directive
• The National Joint Council WFAD Flowchart of Key Elements of the Work Force Adjustment Directive

Legislative References:

• Public Service Employment Act
• Public Service Superannuation Act

Depending on the option you choose from those listed in Appendix D of the WFAD, i.e. surplus priority status, transition support measure or education leave, you may be entitled to layoff priority for 1 year, severance pay at layoff rate in accordance with the terms set out in the collective agreement in addition to a lump-sum amount in accordance with the schedule set Transition Support Measure Table at Appendix C of the WFAD.  Please read Appendix D and the remainder of the WFAD carefully for details on other entitlements you may have.

Pursuant to section 22.01(a) of the collective agreement, a lawyer shall receive severance benefits calculated on the basis of his weekly rate of pay:

(i) On the first lay off after November 28, 1969, two (2) weeks´ pay for the first complete year of continuous employment and one week´s pay for each additional complete year of continuous employment and, in the case of a partial year of continuous employment, one week´s pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five.

(ii) On second or subsequent layoff after November 28, 1969, one week´s pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one week´s pay multiplied by the number of days of continuous employment divided by three hundred and sixty five, less any period in respect of which he was granted severance pay under subparagraph 22.01(a)(i) above.

In such instances, you will be placed on surplus priority status when a guaranteed reasonable job offer is made (GRJO) until you receive/accept a reasonable job offer (RJO), are laid off or resign.  If a reasonable job offer is extended to you, you may choose to accept or reject the offer.   Consequences relating to the acceptance or rejection of job offers are covered under Appendix D outlining the Key Elements of the WFAD, and more specifically covered under Part I of the WFAD.
 
If for some reason, you refuse a reasonable job offer, you will be placed on lay-off but no sooner than 6 months from the beginning of the surplus period (i.e. the date you were offered a GRJO).  You would remain on lay-off priority status (unpaid) for 1 year.

According to the Work Force Adjustment Directive, a “work force adjustment” is defined as “a situation that occurs when a deputy head decides that the services of one or more indeterminate employees will no longer be required beyond a specified date because of a lack of work, the discontinuance of a function, a relocation in which the employee does not wish to relocate or an alternative delivery initiative.”

For a SNAPSHOT on the process, see Appendix D to the Directive outlining a summary of the Key Elements of the WFAD.

Yes, if the department in question makes this option available.  Departments are considering various ways to reduce the impact of the required reductions on its current employees, which may include inviting employees to express their interest in volunteering to be laid-off.  It is at the discretion of management to accept an expression of interest to “volunteer”.  Accepted volunteers could then be entitled to the appropriate Workforce Adjustment (WFA) provisions whether they have received an affected status letter or not.

NEW Voluntary departure programs (6.2) - A two-prong voluntary departure program has been added to the Directive for employees who are not provided with a guarantee of a reasonable job offer. Departments and organizations must establish the program for situations involving 5 or more employees at the same group and level within a work unit. Also, the DH may establish a program for units where less than 5 employees are affected. The provision also indicates that the program must be subject to meaningful consultation through joint union-management WFA committees, must not be used to exceed reduction targets, must take place before the department or organization engages in the selection of employees for retention or lay-off (SERLO) process(es), provide for a minimum of 30 calendar days for employees to decide to participate, and allow employees to select Options 6.4.1 (b), (c)(i) or (c)(ii). Finally, when the number of volunteers is larger than the required number of positions to be eliminated, volunteers must be selected based on seniority.

Yes, you may be asked to perform duties that are different from the ones you have usually performed.

Generally, disputes relating to the hiring and laying off of public servants fall under the exclusive jurisdiction of the Federal Public Sector Labour Relations and Employment Board pursuant to the Public Service Employment Act (“PSEA”).   As staffing policies are not subject to collective bargaining, your available remedies may be limited to the PSEA, which provides for limited recourse in the case of certain predefined types of complaints.  More specifically, section 65(1) of the PSEA states:
 
“Where some but not all of the employees in a part of an organization are informed by the deputy head that they will be laid off, any employee selected for lay-off may make a complaint to the Tribunal, in the manner and within the time fixed by the Tribunal´s regulations, that his or her selection constituted an abuse of authority.” (Emphasis added.)

Section 65(2) of the PSEA prevents complaints against the actual decision to layoff employees, the determination of the part of the organization impacted or the number of employees to be laid off from that part.

For more information on the evaluation criteria used in determining who should be laid off, you may consult the Public Service Commission´s Guidance Series: Selecting Employees for Retention or Layoff.

For union advice on whether or not you may have other avenues available to you on account of your particular situation which may bring other collective agreement provisions into play, you may contact the AJC by completing an InTake form outlining your details and forwarding it to admin@ajc-ajj.com .  

The Public Service Superannuation Act governs pension benefits.   Effective your date of layoff, your service ceases to accrue.  You may contact your Pension Benefits Administrator regarding your pension-related questions.

If you refuse a reasonable job offer, you will be laid off, in which case you will be paid until you are laid off.

If you are an opting employee, you will continue to be paid until you are laid off or choose to resign from the Public Service.

A Work Force Adjustment applies to indeterminate employees upon being informed in writing that his or her services may no longer be required beyond a specified date. See Appendix D outlining a summary of the Key Elements of the WFAD.  

The Work Force Adjustment Directive does not apply to term employees, whose contracts are expected to terminate at the end of their term, unless otherwise renewed.

It is our understanding that it will be possible to withdraw an initial offer to “volunteer”.

The voluntary departure process in no way abridges any rights of employees to participate in the alternation process provided for by their collective agreements.

You and your manager are encouraged to discuss this to determine what is appropriate.  Generally, the departments do provide a certain level of assistance in support of your search for alternate employment.  

For official notification obligations relating to employees being declared surplus, consult section 1.1.6. of the WFAD.

For all other notification obligations, see Part II of the WFAD.

Your benefits continue while a surplus employee and extend for up to one year or until you are entitled to an ongoing pension benefit, whichever is shorter. For more details, please refer to the PSHCP.

If you have been given a guarantee of a reasonable job offer, you will continue to be paid until you are offered and accept a reasonable job offer.

You may be the subject of the Work Force Adjustment Directive.  In other words, you may receive notice from your department regarding possible workforce adjustment while you are on official leave, provided that you have not been on leave for a period in excess of one year or where your position has not been permanently backfilled.

No, they are not pursuant to the provisions of the Public Service Superannuation Act and Regulations (PSSA).

All of these amounts are considered income.   For tax advice, the AJC recommends that you consult a tax professional or the Canada Revenue Agency.

See Appendix D Chart outlining the Key Elements of the WFAD, including options.  
For more details regarding your options if you declared a surplus and have not received a guarantee of a reasonable job offer, consult Part VI, section 6.4 of the WFAD.

The Transition Support Measure is based on years of service, both discontinuous and continuous.  For more information please see Appendix C of the WFAD.