A Workforce Adjustment (WFA) situation arises when a deputy head determines that the services of one or more indeterminate employees will no longer be required beyond a specific date.

WFA applies to indeterminate employees who are informed in writing that their services may no longer be required for one of the following reasons:

• lack of work
• the discontinuance of a function
• a relocation where the employee chooses not to move, or
• an alternative delivery initiative.

WFA exercises are focused on positions and the nature of the work performed—not on the individuals occupying those roles. As a result, it is common for all employees performing similar duties within the same team to be affected by the WFA.

WFA is governed by the National Joint Council (NJC) Workforce Adjustment Directive (WFAD). The key elements of the WFAD are depicted in the Directive, Appendix D of the Directive.

Possible Workforce Adjustment Steps

The WFA process consists of key stages with varying timing for the initiation and completion of each stage by department/agency - depending on factors such as the number of positions affected.

The main stages are outlined below:

Notification to affected employee(s)

An affected employee is an indeterminate employee who has received a written Notification of Affected Status letter informing them that his or her services may no longer be required because of a WFA situation.

It’s important to note that receiving a Notification of Affected Status does not automatically mean that the employee has already been or will be laid off.

Receiving a Notification of Affected Status means that the department has initiated a WFA process and has identified the position as potentially impacted.

Affected employees remain employed and should continue performing their duties and nothing changes regarding salary, benefits, and pensionable time.

The department will review the status of each affected employee annually, or earlier, from the date of initial notification of affected status and determine whether the employee will remain on affected status or not.

Voluntary Departure Program (VDP)

During the period of affected status, employees may be asked to participate in a Voluntary Departure Program to mitigate WFA impacts.

Where five or more affected employees in the same work unit, group, and level, the department must establish a voluntary departure program. This program allows employees who are affected to voluntarily leave the public service and select one of the options (B or C) (LINK TO INFO BELOW).

When the number of volunteers is larger than the required number of positions to be eliminated, selections will be based on seniority.

When voluntary measures are not sufficient, the Selection of Employees for Retention and Lay-off (SERLO) Process is initiated

The SERLO process is initiated when the number of volunteers from the VDP is insufficient to achieve the required workforce reductions, or when no VDP is implemented. SERLO is the mechanism through which the employer determines which employees will be retained and which will be selected for layoff. In making these determinations, departments may consider qualifications, such as language proficiency or expertise, as well as operational requirements.

After sending the initial Notification of Affected Status letters to employees, the department will review the status of each affected employee. This may include the VDP and SERLO processes. The employer will determine whether the employee’s Affected Status will be rescinded or not.

If the employee’s position remains affected and is deemed to no longer be required at a specific time, they will receive an Official Notification of WFA Status. This Official Notification could take weeks to years to come.

The letter will outline which of the possible scenarios applies to the employee: