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Locally-Engaged Staff Employment Regulations (SOR/95-152)

Regulations are current to 2020-10-05

Probation

  •  (1) Every employee appointed, who was not an employee under these Regulations immediately prior to being appointed, shall be considered to be on probation for a period of twelve months commencing on the date of appointment, excluding any period of leave with or without pay in excess of thirty consecutive working days.

  • (2) At any time during the probationary period referred to in subsection (1), the Deputy Minister may serve a written notice on the employee that the employee is rejected for cause effective two weeks after the date of receipt by the employee of the notice.

  • (3) A person who has been served with a notice pursuant to subsection (2), shall cease to be an employee at the end of the notice period.

  • (4) A period of probation under subsection (1) is not terminated by any appointment of the employee made during the period of probation.

  • SOR/98-13, s. 9

Lay-off

  •  (1) Where the services of an employee are no longer required by reason of lack of work, the discontinuance of a function or the transfer of work or a function outside a Mission, the Deputy Minister shall serve the employee with written notice that the employee is laid off effective on the expiration of

    • (a) one month after the date of the receipt of the notice, or

    • (b) such period as is required by the law of the country in which the Mission is situated,

    whichever period is the greater.

  • (2) An employee who has been served with a notice pursuant to subsection (1) ceases to be an employee on the expiration of the greater period specified in that subsection.

  • (3) Subject to subsection (4), an employee appointed for an indeterminate period who has been laid off pursuant to a notice under subsection (1) is entitled, for a period of twelve months following the lay-off, to be appointed, without competition and in priority to all other persons, to a position at the Mission for which, in the opinion of the Deputy Minister, the employee is qualified.

  • (4) [Repealed, SOR/2002-197, s. 6]

  • SOR/98-13, ss. 8, 9
  • SOR/2002-197, s. 6

Revocation of Appointment

 Where a person who is being considered for appointment or who has been appointed under these Regulations, is proved on an inquiry to have been concerned in any fraudulent practice, or to have been guilty of any breach of these Regulations with respect to any selection process for appointment held under these Regulations, the Deputy Minister may refuse to consider the person for the appointment or, if the person has been appointed, may revoke the appointment of the person retroactively to the date of the appointment.

  • SOR/98-13, s. 9
 
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