Laid off persons

You can be laid off if:

  1. you are not mobile,
  2. you can't be retrained in two years,
  3. you request to be laid off,
  4. you refuse a reasonable job offer (1.1.14), or
  5. you do not receive a reasonable job offer during your surplus period under Option A (6.3.1.(a))

Surplus and opting employees who resign, including opting employees resigning under option B (Transition Support Measures) or option C (Education Allowance), are also considered laid off, but only for purposes of severance pay(6.3.1, 1.1.37).

You will receive at least one month written notice (1.1.31), but you cannot be laid off until at least six months after receiving surplus priority (1.1.32). The lay-off notice period is included in the surplus period.

Deputy heads are required to apply the WFAA in such a way as to keep actual involuntary lay-offs to a minimum (1.1.14).

Once you are laid off, you are no longer a public service employee. However, you continue to have a lay-off priorityunder the Public Service Employment Act and regulations for one year. (PSEA 41 (5) PSER 5.11) This means that for this one year period you have priority to be appointed to a public service position for which you are qualified before other public service workers, without having to compete or be concerned about the appointment being appealed. After the one year elapses, you continue to be a laid off employee, but you no longer have these rights.

As well, during the lay-off priority period, you are eligible for up to two years retraining (4.1.3) with the approval of thedeputy head of the department or organization. Departments must make every reasonable effort to retrain laid off persons.

In order to access this retraining, four conditions must be met.

  1. There must be a specific vacant position for which you are being retrained.
  2. You must meet the minimum requirements set out in the relevant Selection Standard for the group.
  3. There are no other persons with a priority who qualify for the position.
  4. The appointing department cannot justify not retraining you. (4.3.1)

If you are offered a position conditional on successful completion of retraining, you must complete the training and be assessed as qualified to be appointed indeterminately (4.3.2). If you are appointed to a lower level position, your salary will be protected until you are appointed to an equal or higher level position (5.1).

Severance pay and other benefits flowing from other clauses in your collective agreement are separate from and in addition to those in the WFAA (1.1.37).



September 17, 2013