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.”
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.
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.
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.
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. Mo
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.
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.
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
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.
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.