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.
Yes, you may be asked to perform duties that are different from the ones you have usually performed.
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.
All of these amounts are considered income. For tax advice, the AJC recommends that you consult a tax professional or the Canada Revenue Agency.
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.
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.
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.
The Transition Support Measure is based on years of service, both discontinuous and continuous. For more information please see Appendix C 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.
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.