ARCHIVED - Confirmation of Second Language Evaluation test results in work force adjustment situations in the Economic Action Plan 2012 (12-09)

2012-04-12

As part of its continuing effort to assist organizations in the successful management of work force adjustment (WFA) situations, and to respond to concerns raised by deputy heads, the Public Service Commission (PSC) is addressing the validity period of Second Language Evaluation (SLE) test results for those who are affected by the Economic Action Plan 2012. This is a transition measure intended to provide organizations with a mechanism to balance the Canadian Charter of Rights and Freedoms and the Official Languages Act with the operational priority of the Economic Action Plan 2012.

The PSC’s Guidance Series – Official Languages in the Appointment Process has been amended to indicate that, where a surplus employee or a person entitled to a lay-off priority is appointed to a bilingual position, or when an employee is appointed or deployed to a bilingual position as a result of an alternation, their SLE test results that are over five years old will be deemed valid, provided that they agree to the following two conditions (to be addressed in the letter of offer):

1. That these persons obtain new, valid SLE test results that meet the linguistic profile of their new position within 12 months of the appointment or deployment; failing which,
2. They will be appointed on an indeterminate basis to a position for which they meet the merit criteria and that is of a similar level and salary as the bilingual position, or will be deployed on an indeterminate basis to a position for which they meet the job requirements, including official languages proficiency, and that is of a similar level and salary as the bilingual position.

This measure will provide employees who are involuntarily displaced from their position with additional time to obtain new, valid SLE test results; will allow hiring managers to use SLE test results that are over five years old to appoint surplus employees and persons entitled to a lay-off person priority, and to appoint or deploy alternating employees; and will support merit by ensuring that new, valid SLE test results are obtained within a reasonable time frame.

This provision is of a temporary nature and will remain in effect until March 31, 2015.

Managers are reminded that they remain responsible for ensuring that the bilingual functions of the position are carried out throughout the 12-month period, and that their Charter and official languages obligations with regard to service to the public and language of work are respected.

For further information on the confirmation of SLE test results in the context of the Economic Action Plan 2012, please consult your organization’s strategic consultant.

Hélène Laurendeau
Senior Vice-President