4.1 General
4.1.1 To facilitate the redeployment of affected employees, surplus employees, and laid-off persons, departments or organizations shall make every reasonable effort to retrain such persons for:
- existing vacancies; or
- anticipated vacancies identified by management.
4.1.2 It is the responsibility of the employee, home department or organization and appointing department or organization to identify retraining opportunities pursuant to subsection 4.1.1.
4.1.3 When a retraining opportunity has been identified pursuant to subsection 4.1.2, the deputy head of the home department or organization shall approve up to two years of retraining.
4.2 Surplus employees
4.2.1 A surplus employee is eligible for retraining provided that:
- retraining is needed to facilitate the appointment of the individual to a specific vacant position or will enable the individual to qualify for anticipated vacancies in occupations or locations where there is a shortage of qualified candidates; and
- there are no other available priority persons who qualify for the position as referenced in paragraph (a) above.
4.2.2 The home department or organization is responsible for ensuring that an appropriate retraining plan is prepared and is agreed to in writing by the employee and the delegated officers of the home and appointing departments or organizations.
4.2.3 Once a retraining plan has been initiated, its continuation and completion are subject to satisfactory performance by the employee.
4.2.4 While on retraining, a surplus employee continues to be employed by the home department or organization and is entitled to be paid in accordance with his or her current appointment, unless the appointing department or organization is willing to appoint the employee indeterminately, conditional on successful completion of retraining, in which case the retraining plan shall be included in the letter of offer.
4.2.5 When a retraining plan has been approved and the surplus employee continues to be employed by the home department or organization, the proposed lay-off date shall be extended to the end of the retraining period, subject to subsection 4.2.3.
4.2.6 If a retraining plan is denied, a meeting to discuss the rationale for the decision will be held at the employee’s request. The bargaining agent representative may attend the meeting.
4.2.7 An employee unsuccessful in retraining may be laid off at the end of the surplus period, provided that the employer has been unsuccessful in making the employee a reasonable job offer.
4.2.8 Pursuant to Section 4.1 and in addition to all other rights and benefits granted under this section, a surplus employee who is guaranteed a reasonable job offer and is granted relocation under subsection 1.1.21 is guaranteed training to prepare him/herself for appointment to a position. Such training may continue up to one year after the completion of the two-year training period or until the date of appointment to another position, whichever comes first. Appointment to this position is subject to successful completion of the training.
4.3 Laid-off persons
4.3.1 A laid-off person shall be eligible for retraining provided that:
- retraining is needed to facilitate the appointment of the individual to a specific vacant position;
- the individual meets the minimum requirements set out in the relevant Qualification Standard for appointment to the group concerned; and
- there are no other available persons with a priority who qualify for the position.
4.3.2 When an individual is offered an appointment conditional on successful completion of retraining, a retraining plan shall be included in the letter of offer. If the individual accepts the conditional offer, he or she will be appointed on an indeterminate basis to the full level of the position after having successfully completed training and being assessed as qualified for the position. When an individual accepts an appointment to a position with a lower maximum rate of pay than the position from which he or she was laid off, the employee will be salary protected in accordance with Part V.