You may want to know...
What is a deployment?
A deployment is a "transfer of a person from one position to another". It does not constitute a promotion or change a person's period of employment from a specified term to indeterminate. The Public Service Employment Act (PSEA), subsection 51(5) states that:
The deployment of a person may not
- constitute a promotion, within the meaning of regulations of the Treasury Board, in the case of an organization named in Schedule I or IV to the Financial Administration Act, or as determined by the separate agency, in the case of a separate agency to which the Commission has the exclusive authority to make appointments; or
- change a person's period of employment from a specified term to indeterminate.
Do deputy heads retain the authority for deployments to and within their organization?
Yes. The PSEA (new and former) gives deputy heads the authority to deploy employees to or within the deputy head's organization. Subsection 51(4) of the new PSEA states that:
"A deployment to or within an organization named in Schedule I or IV to the Financial Administration Act shall be made in the manner directed by the Treasury Board and in accordance with any regulations of the Treasury Board".
In the absence of a Treasury Board policy on deployment, how will there be consistency in the application of the deployment provision in the PSEA?
The Treasury Board deployment policy was rescinded on . With the coming into force of the new PSEA, there is no longer recourse to the Public Service Commission for deployments. Deputy heads have direct authority for deployments to and within their organizations, and are accountable for deployment decisions in their organization. Departments and agencies, therefore, may develop their own deployment policies to provide guidance, based on the staffing values and principles, effective human resources planning and resolution of deployment concerns through the informal conflict management process, for consistency in application.
Does an employer have the right to block or stop an employee's deployment because they do not want them to leave / Can the manager of an employee who was offered a deployment within the same organization or to another organization block or disallow the deployment?
No. The deputy head is authorized to make deployments to and within his/her organization. A deployment is the transfer of an employee from one position to another, within the same occupational group or between occupational groups, provided that the transfer does not constitute a promotion or change his/her tenure.
The consent of the deployed employee is required, unless an agreement to being deployed is a term or condition of employment of the employee's current position.
A deployment can be to or within an organization. Provided that the deputy head authorizes the deployment to a position, even if it is in the same organization, management cannot block or stop an employee from transferring from his/her original position on deployment to another position.
Can an employee who is working in a separate agency as defined in Schedule V, and where the separate agency is not covered by the Public Service Employment Act, be deployed into a position in a department as defined in Schedule I or in the other portions of the federal public administration named in Schedule IV of the Financial Administration Act?
Yes, an employee from a separate agency as defined in Schedule V and not covered by the PSEA can be deployed into the core public administration (Schedules I and IV), granted that the Public Service Commission (PSC) has reviewed the staffing program of this separate agency, at the agency's request, and has approved the agency for deployment purposes.
Since there is no longer recourse for deployments, can a deployment now be made retroactive?
No, retroactivity creates a perception of a lack of transparency in the deployment action and therefore the non-retroactivity principle should be upheld. The effective date of a deployment should be a forward date in keeping with HR planning objectives and good human resources management in the public service.
The manager plans the mechanism to be used to staff a vacant position, and if a deployment is the selected option, he/she should let the staff know that a deployment will be used to staff (this is not obligatory, but it is good human resources practice for the manager to inform the staff of whatever staffing action would be used; it's a two way communication with the manager and his/her staff to resolve any concerns at that early stage). The deployment's effective date should not be a retroactive date, even if the employee is already on assignment or secondment in the position in which he/she is to be deployed. In this way, transparency issues and any possible dissatisfaction related with the decision to use the deployment mechanism to staff can be addressed and resolved before the deployment is effected.
Can a deployment action be used as a disciplinary measure?
No, the deployment in itself is not a disciplinary measure. A deployment can be made without the consent of the employee, if, after investigation, the deputy head establishes that a person has harassed another. The deployment is separate and apart from the disciplinary action as a consequence of the finding of harassment.
Can a term employee whose term is coming to an end be deployed just prior to the ending of his/her term, and does this employee retain his/her term status?
Yes. An employee may be deployed just prior to the ending of his/her specified term of employment. The deputy head has the flexibility to extend the period of term employment following the deployment. Section 51(5)(b) of the new PSEA states that a deployment should not change a person's employment status from term to indeterminate.
Can a term employee who has been deployed have an extension to his/her period of term employment immediately following the deployment?
Yes. The term employee who has been deployed could immediately have an extension to his/her period of term employment. The deputy head has the flexibility to extend the term. This action is not deemed an appointment. Section 51(5)(b) of the new PSEA states that a deployment should not change a person's employment from term to indeterminate.
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