Fact Sheet #5

Workforce Adjustment Committee
Fact Sheet #5

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Guarantee of a reasonable job offer - surplus employees

If your services will no longer be required beyond a specific date and the Commissioner believes there is likely employment available for you in the CRA, you will receive a written notice giving you a guarantee of a reasonable job offer (1.1.5). The notice will also specify when your surplus preferred status begins.

This guarantee means you must receive a reasonable job offer before your status can change. To be reasonable, the offer

  • must be for indeterminate employment within the CRA (Definitions).
  • will normally be at the same level, but could be for a lower level (Definitions).
  • should be within your headquarter’s area, but this may not always be possible (Definitions).
  • could be for a position with a government department or agency, if the position is equivalent and there is a seamless transfer of employee benefits (Definitions).

The CRA is responsible to facilitate your employment (1.1.4) and actively market you, unless you advise the CRA in writing you are not available for appointment (1.1.34). While waiting to receive a reasonable job offer, you will remain a CRA employee. You must be both trainable and mobile (Definitions).

Surplus employees are entitled to a surplus preferred status (to be appointed to CRA positions before other CRA workers without having to compete or be concerned about the appointment being challenged. For the surplus period, the CRA will pay salary costs, and other authorised costs such as salary protection, tuition, travel, relocation, and retraining (1.1.21).

The CRA must avoid appointing you to a lower level (where the maximum rate of pay is lower than the maximum rate of your current position) until other avenues are exhausted (1.1.14). If you are appointed to a lower level position, your salary will be protected until you are appointed to an equivalent position (5.1.2).

If necessary, the CRA must relocate you (1.1.16) and pay associated costs, such as travel for job interviews (1.1.18). Relocation must be voluntary (1.1.17) and they can only take place when there are no available preferred status, surplus or laid off persons at that location who are interested in and could qualify for the position with retraining (1.1.17). Relocations in this case are considered employer-requested (1.1.19), as defined in the CRA Relocation Policy, including all associated benefits. Surplus employees are entitled to preferred status appointment to term and short-term, non-recurring positions (1.1.24). If you accept a term position, your indeterminate status and surplus preferred status will be protected (1.1.22).

Surplus employees have the right to receive up to two years retraining, under certain conditions, including a shortage of qualified candidates (4.1.3, 4.2.1). The CRA must prepare a training plan that is agreeable to you (1.1.30, 4.2.2). Once a plan has been approved, your lay-off date will be extended to the end of the training period (4.2.5). You will remain employed by the CRA during retraining and be paid at your current level, unless the CRA is willing to appoint you to the new position on the condition you successfully complete the training (4.2.4). If you are appointed to a lower level position, your salary will be protected until you are appointed to an equivalent position (5.1.2). The proposed lay-off date will be extended to the projected completion of the training period (4.2.6). If your performance during training is not satisfactory, the training can be terminated (4.2.3).

If you refuse a reasonable job offer, you will be laid off one month after your refusal, but not before six months after the surplus declaration date (1.1.27).

A surplus employee can also make a written request to the Commissioner to be laid off earlier than originally scheduled (1.1.25). You may wish to consider this if you receive a job offer elsewhere.

As well as being appointed to an indeterminate position or being laid off, you might also have your surplus status rescinded or you can resign (Definitions). If you resign, you will be considered laid off on the date the employer accepts your resignation for the purposes of severance pay or retroactive remuneration (1.1.32).

Severance pay and other benefits flowing from other parts of the collective agreement are separate from and in addition to those in the WFAA (1.1.31).

The CRA is required to provide you with an individual counsellor to help you assess your situation (1.1.29, see Getting Help fact sheet).

Note that as a surplus employee you do not have access to the choices available to opting employees (6.1.1). This includes the right to alternation (6.2.2).