The following FAQs outline the The Selection of Employees for Retention or Lay-Off (SERLO)
The SERLO process, overseen by the Public Service Commission of Canada, is a structured approach used during work force adjustments (WFA) to determine which employees will be retained and which will be laid off.
This process is distinct from typical appointment procedures, as it involves employees who have already met the merit criteria for their current positions
This information pertains to members of the following groups: CP, IT, NR, RE, SH, SP.
If you have any questions or require any assistance, we encourage you to contact your steward and/or Consultation Team.
What is the purpose of the SERLO process?
The SERLO (Selection for Retention or Lay-Off) process is designed to select employees for retention or lay-off based on merit. It ensures that decisions are made fairly, transparently, and in line with organizational needs during WFA situations.
The process is governed by the Public Service Employment Act (PSEA) and the Public Service Employment Regulations (PSER).
- Section 64 of the PSEA grants deputy heads the authority to lay off employees due to lack of work, discontinuance of a function, or transfer of work.
- Section 21 of the PSER outlines the procedures for selecting employees for retention or lay-off, emphasizing assessments based on merit.
How will I know if I’m affected by the SERLO process?
Employees impacted by the SERLO process will be formally notified in writing. If you occupy a position identified as affected or are performing similar duties, you will be included in the process.
What criteria will be used to assess employees?
Employees are assessed based on merit criteria, which include essential qualifications, asset qualifications, organizational needs, and operational requirements. Examples include education, experience, official language proficiency, and specific skills needed for future organizational needs.
How will the organization ensure the process is fair?
Fairness is ensured through objective and merit-based assessments. Employees are informed of the merit and selection criteria in advance, and consistent assessment methods are used to evaluate all affected employees.
Can I volunteer for lay-off?
Yes, in some cases, employees may volunteer for lay-off. If more employees volunteer than needed, the manager will apply criteria to determine which requests to accept.
What happens if I am selected for lay-off?
Employee Rights: Lay-off Complaints Under PSEA
Subsection 65(1): Right to Complaint for Lay-off Selection
"An employee who has been informed by the deputy head that they will be laid off may file a complaint with the Board that the deputy head has abused their authority in selecting the employee for lay-off."
This means that employees, including executives, can file a complaint only if they believe the lay-off selection process was an abuse of authority – such as favoritism, discrimination, or improper application of criteria.
Subsection 65(2): No Complaint Against Broader Decisions
"No complaint may be made regarding the decision to lay off employees, the determination of which part of the organization employees will be laid off from, or the number of employees to be laid off from that part."
Thus, employees cannot challenge:
- the decision to lay off employees in general
- the selection of the organizational unit (such as a department or region) for reductions, or
- the number of positions to be eliminated
Employees, including executives, who have been selected for lay-off, have the right to file a complaint under subsection 65(1) of the Public Service Employment Act (PSEA) on the grounds that their selection was an abuse of authority. Subsection 65(2) clarifies that no complaint can be filed regarding the decision to lay off employees, the identification of the organizational unit for lay-offs, or the number of employees to be laid off from that unit.
Will I have an opportunity to discuss the assessment results?
Yes. While the SERLO process does not include informal discussions like appointment processes, managers are encouraged to explain and discuss your results and decisions upon request.
What support is available to me if I am affected?
Affected employees have access to services such as Employee Assistance Programs (EAPs), career transition programs, and other support mechanisms offered by the organization.
Can I continue working in another department or position if I am laid off?
Employees selected for lay-off may be eligible for priority consideration for other positions in the public service. The organization will assist in facilitating this process where possible.
What if I am on leave during the assessment process?
Employees on certain types of leave (e.g., maternity or extended sick leave) may have their assessments delayed until they return. In some cases, alternative assessment methods may be used, or the decision may be deferred.
How will the organization communicate decisions?
All employees included in the SERLO process will be notified of decisions simultaneously and in writing. The communication will include details about retention or lay-off and information about next steps.
If I leave voluntarily, do I have access to Employment Insurance?
If you participate in a voluntary departure program (VDP) and resign, you are deemed to have been laid off and are therefore eligible to Employment Insurance regular benefits. However, your transition support measure and any severance must first be allocated based on your normal gross weekly earnings, delaying your first week of entitlement to EI benefits accordingly. There are further conditions to demonstrate eligibility for EI benefits in any given week, and you should consult Service Canada for more information.