Laid off persons
You can be laid off if:
- you are not mobile
- you can’t be retrained in two years
- you request to be laid off
- you refuse a reasonable job offer (1.1.12)
Opting employees resigning under option B. (Transition Support Measures) or option C. (Education Allowance) are also considered laid off, but only for purposes of severance pay (6.3.1).
Surplus employees and option A. opting employees will receive at least one month written notice of lay-off (1.1.26). You cannot be laid off until at least six months after receiving surplus preferred status (1.1.27). The lay-off notice period is included in the surplus period (Definitions).
The Commissioner is required to apply the Work Force Adjustment Appendix (WFAA) in such a way as to keep actual involuntary lay-offs to a minimum (1.1.12).
Once you are laid off, you are no longer a CRA employee. However, you continue to have a lay-off preferred status for 15 months. This means for this period you can be appointed to a CRA position for which you are qualified and the appointment cannot be challenged, including term and short-term, non-recurring positions (1.1.24). As well, the CRA must actively market you, unless you advise the CRA in writing you are not available for appointment (1.1.34).
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 qualified for the position (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.
As well, during the lay-off preferred status period, you are eligible for up to two years retraining (4.1.3). In order to access this retraining, four conditions must be met (4.3.1).
- There must be a specific vacant position for which you are being retrained.
- You must meet the minimum requirements set out in the relevant Staffing Program Directive for the group.
- There are no other persons with a preferred status who qualify for the position.
- The CRA cannot justify not retraining you.
If you are offered a position conditional on successful completion of retraining, you must complete the training and be assessed as qualified to be appointed indeterminately (4.3.2). If you are appointed to a lower level position, your salary will be protected until you are appointed to an equivalent or higher level position (5.1)
After the 15 month lay-off preferred status period elapses, you continue to be a laid off employee, but you no longer have the above rights. Severance pay and other benefits flowing from other clauses in your collective agreement are separate from and in addition to those in the WFAA (1.1.31).