Common use of The Public Service Act Clause in Contracts

The Public Service Act. makes provisions for lay-off. Beyond these provisions, the Employer and the Union recognize the necessity and the justice of the application of the merit principle in determining lay-off. It is agreed that where two (2) employees of equal merit face lay-off, length of service will be the deciding factor. In order to minimize the adverse effects of Lay-off, the Employer will provide retraining when practical, education assistance where feasible and consideration for current and future vacant positions before the position is advertised for a period of one year from lay off. The following section of the Public Service Act is quoted for information purposes: SECTION 27 Laying Off Employees 1. Where the duties of a position held by an employee are no longer required to be performed, the Minister may lay-off the employee in accordance with the regulations. Cessation of Employment 2. An employee ceases to be an employee when the employee is laid-off under subsection (1). New Appointment 3. Notwithstanding any other provision in this Act, the Minister may, without competition, appoint a lay-off to any position in the public service to which he or she is qualified.