Policy Statement
Employees affected or impacted by organizational restructuring may be reassigned within that modified organizational structure in accordance with plans approved under this policy.
Application
This policy applies to all affected and impacted employees in the original organizational structure of a department or agency specified in Schedule A of the Public Service Commission Act, or of an organization being brought under the authority of the Public Service Commission (PSC), and who obtained their positions through a PSC approved assessment process.
Definitions
For the purpose of this policy:
Affected Employee – an employee who occupies a position in a portion of the organization(s) being restructured by the employer, who will not experience:
- involuntary job loss;
- a change in the core duties of their position; or
- a change in their position status (i.e., from permanent to seasonal).
However, an affected employee:
- may experience work related changes as a result of the organizational restructure.
Impacted Employee – an employee who occupies a position in a portion of the organization(s) being restructured by the employer, who will experience:
- involuntary job loss;
- a change in the core duties of their position; or
- a change in their position status (i.e., from permanent to seasonal).
Delegated Staffing Authority – delegated authority from the PSC to another government entity to exercise and perform powers and functions of the PSC related to appointment and promotion.
Relative Merit – an objective assessment of the qualifications and experience of candidates to determine a rank, in order of merit, for a specific position or occupational category. The most meritorious candidates are awarded the remaining positions on the basis of their relative merit.
Restricted Field – affected and impacted employees, appointed through a PSC approved process, may be provided first consideration for surplus positions and/or promotional opportunities within the new structure.
Restructuring – a series of staffing actions deemed necessary to facilitate the approved reorganization of a defined work unit. Examples of staffing actions that may be used to facilitate restructuring include:
- impacted employees may be reassigned into alternate, suitable positions at the same level or lower without competition; and
- promotions from within the organization may be granted through a PSC approved merit-based competition with a restricted field limited to affected and impacted employees in the restructured organization.
If there are fewer positions in the newly created organization than there are employees in the restructured organization, newly created positions may be filled by:
- a formal competition with a restricted field of candidates;
- a relative merit assessment; and/or
- seniority (in the case of bargaining unit positions).
Suitable Employment – positions with similar duties/responsibilities, bargaining units, classification/pay plans and salary within the same geographical area.
Roles and Responsibilities
Employees
It is the responsibility of employees to:
- be attentive to advertisements for restricted pool competitions and apply as per the communicated process.
Department/Agency
It is the responsibility of the department/agency to:
- plan organizational restructuring, including the development of a plan to be carried out by the restructuring department in consultation with relevant human resource divisions and the Public Service Commission.
The plan shall include:
- an analysis of the organizational and employee impact of the restructuring;
- a list of the affected and impacted employees (please refer to definitions above) and the implications to same; and
- recommendations to mitigate these implications.
Delegated Staffing Authority
It is the responsibility of the entity that holds Delegated Staffing Authority to:
- advise the PSC of situations where this policy is being utilized;
- designate a Selection Board Chair to conduct or oversee, and document all staffing actions; and
- Follow the applicable Termination of Employment Policy in relation to those incumbents who are deemed surplus to future organizational needs after the restructuring.
Public Service Commission
The Commission shall:
- approve all processes used for restricted field appointments and promotional opportunities;
- monitor and audit to ensure compliance with this policy;
- provide guidance and interpretation of this policy; and
- adjudicate complaints related to the application of this policy pursuant to the Public Service Commission Act.