Public Service Employment Regulations

Marginal note:Selection of employees for lay-off

• 21 (1) If the services of one or more employees of a part of an organization are no longer required in accordance with section 64 of the Act, the deputy head shall assess the merit of the employees employed in similar positions or performing similar duties in the same occupational group and level within that part of the organization, and identify, in accordance with merit, the employees who are to be retained having regard to the continuing functions of that part of the organization and the remaining employees who are to be advised that their services are no longer required and are to be laid off.

• Marginal note:Recording reasons

  (2) Deputy heads shall record the reasons for the selection of those employees to be retained.

• Marginal note:Ship Repair group

  (3) Despite subsection (1), the determination of employees to be laid off in the Ship Repair group in the Department of National Defence shall be based on a combination of merit and seniority factors and shall be made in consultation with the bargaining agents concerned.

• Marginal note:Employee volunteers

  (4) Despite subsection (1), if an employee volunteers to be laid off, the deputy head may advise the employee that their services are no longer required and may lay off the employee.

• Marginal note:Information

  (5) The deputy head shall, in writing, inform

  • (a) the Commission of the names of the employees who are to be laid off in accordance with this section and the proposed date of the lay-off; and

  • (b) any employee who is advised that their services are no longer required, of the proposed layoff date.

• Marginal note:Specified period

  (6) Subsections (1) to (5) do not apply to an employee who is appointed for a specified period.