Termination of Employment of Public Service Employees Due to
Alternative Delivery Situations (Policy)
Effective date
This document sets out the policy approved by the Treasury
Board on July 10,1996, with effect from July 16, 1996.
Preface
A new termination of employment authority has been added to
the Financial Administration Act (FAA) as paragraph
11(2)(g.1). Under this authority, Treasury Board may provide for
the termination of employment of an employee to whom an offer of
employment is made as the result of the transfer of any work,
undertaking or business from a portion of the Public Service
specified in Part I of Schedule I of the Public Service Staff
Relations Act to any body or corporation that is a separate
employer or that is outside the Public Service. Section 29 of the
Public Service Employment Act continues to provide the
authority for lay-off as a result of lack of work, discontinuance
of function or transfer of function not provided for under the
new authority.
Policy objective
To facilitate the transfer of staff to new employers in the
case of alternative delivery initiatives in a fair and open
manner reflecting the operational requirements of the
organizations involved.
Policy statement
Terminations of employment shall be undertaken in a manner
that will:
(a) ensure the operational requirements of the government
organization which is transferring the function and those of the
receiving organization are the basis on which employees are
selected to receive job offers;
(b) keep employees and their representatives informed on a
regular basis and involved in consultations where possible;
(c) result from open and transparent processes.
Application
This policy applies to the departments and agencies listed in
Part I, Schedule I of the Public Service Staff Relations
Act.
Policy requirements
Deputy heads must:
- establish corporate human resources principles and
guidelines for the treatment, identification and termination of
employment of departmental employees affected by the transfer of
any work, business or undertaking;
- ensure that a formal decision to transfer any work,
undertaking or business has occurred prior to offers of
employment being made to employees;
- ensure that employees who are significantly involved with
the transferring work, undertaking or business are considered for
employment opportunities with the receiving organization;
- give regard to employees' interests and preferences, subject
to operational requirements;
- exercise authorities under this policy in accordance with
the terms of the Work Force Adjustment Directive in place at the
time of transfer.
Authorities
Delegation
Deputy Heads and their equivalents:
- are authorized, under paragraph 12(1) of the FAA, to
exercise the power to terminate the employment of employees
pursuant to the FAA 11(2)(g.1);
- have the power to deem an employee to have accepted a job
offer under paragraph 11(2.02) of the FAA;
- are responsible and accountable for exercising these
authorities in accordance with the provisions of this policy;
and
- may vary or rescind such decisions as may be required.
Sub-delegation
Deputy heads may sub-delegate the above authorities to one or
more persons under their jurisdiction.
Implementation
Interim arrangements
Employees, affected by the transfer of work or business,
declared surplus prior to the effective date of this policy are
subject to lay-off under the provisions of section 29 of the
Public Service Employment Act.
Monitoring
The Secretariat will monitor the administration of this policy
in the context of its ongoing monitoring of the Work Force
Adjustment Directive.
References
Authority
This policy is issued pursuant to the Financial
Administration Act, paragraphs 11(2)(g.1) and 11(2.02).
Relevant Legislation and Directives
Financial Administration Act
Public Service Employment Act
Public Service Staff Relations Act
Work Force Adjustment Directive
Enquiries
Please direct enquiries about this policy to the responsible
officers in departmental headquarters who, in turn, may seek
interpretations from:
Employment Adjustment and Alternative Delivery Group
Labour Relations and Human Resources Management Division
Human Resources Branch
Treasury Board Secretariat
(613) 957-2672
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