Priority Entitlements and Administration: Questions and Answers

1. What is the role of the Public Service Commission (PSC) in work force adjustment situations?

The PSC:

• administers the matching and referral of priority employees to positions for which they may be qualified;
• provides information regarding priority entitlements to employees, managers, and departments; and
• ensures that employees and departments respect their obligations regarding priority entitlements.
  

2. What are surplus and lay-off priorities and how are they administered?

Employees officially declared surplus by their home department are eligible for a surplus priority under section 40 of the Public Service Employment Act (PSEA) and section 5 of the Public Service Employment Regulations. Persons with such an entitlement are eligible to be appointed ahead of all others (with certain restrictions) to another position in the public service for which they meet the essential qualifications.

Employees laid off from their positions are also eligible for a lay-off priority under subsection 40 of the PSEA and are entitled to be appointed ahead of all others (with certain restrictions) to another position in the public service for which they meet the essential qualifications.

3. How does the PSC ensure that priority employees are considered by hiring departments?

The PSC has a monitoring and accountability framework through which it tracks departmental staffing practices and applies corrective actions, as appropriate. These actions range from discussion with departments concerning their obligations to priority employees to revocation of appointments made in violation of the priority process. The PSC Priority Administration group uses an automated system to register, refer, track, and monitor all priority employees and the results of departments' consideration of their qualifications and adherence to their entitlements.

4. Who decides if a job offer made to a surplus employee is a reasonable job offer?

The PSC will provide the home department with information about referrals and acceptance or refusal of offers, upon request. It is up to the home department, however, to determine what constitutes a reasonable job offer, and to decide the ramifications, if any, for refusing such an offer.

5. Who can support a priority employee who feels that he or she is not being supported by the department?

Depending on the situation, employees may contact their department's human resource officers, the PSC Priority Administration group, or seek recourse through their bargaining agent.

6. What does it mean if a priority person self-refers?

Self-referral is when an employee identifies himself or herself as wanting priority consideration for a position to which the PSC did not refer the employee. Once employees identify themselves as requesting priority consideration for a position, they are entitled to the same priority rights as if they had been referred by the PSC.