What is the Selection of Employees for Retention or Layoff (SERLO)?

The Selection of Employees for Retention and Lay-off (SERLO) is the management-designed process used to determine who is retained and who is laid off when the employer makes job cuts.

The employer determines how many employees will be needed and, if there are more employees than jobs available, a SERLO process will be used.

For example, if there is a work unit with 10 employees at the same group and level, and seven of those jobs will be retained, the employer will run a SERLO process to determine which seven of those employees will retain their jobs and which three will be declared surplus/laid off.

More detailed information about the process can be found in the SERLO Guide for managers and human resources specialists.

Is the SERLO process contained in the Workforce Adjustment Appendix of the collective agreement?

No, the SERLO process is not in the collective agreement. The employer has refused to negotiate this part of the layoff process and instead legislated into the Public Service Employment Regulations.

Is a SERLO process the same as a job competition?

Although it is similar, a SERLO process is not considered an appointment process under the Public Service Employment Act.  Therefore, the qualifications, requirements, and needs established can differ from those used in an appointment process.

Management has unilateral discretion to determine the essential qualifications that are most relevant for the work to be performed, and any additional qualifications they consider to be an asset, now or in the future. This determination can include any current or future operational requirements or needs of the organization.

Official Language requirements must be an essential qualification, not an asset qualification and, therefore, non-imperative staffing does not apply. Employment equity can also be considered.

Note that the qualifications could differ from the job that employees are currently doing, as the workforce adjustment situation could mean that some parts of the job will change.

The Public Service Employment Regulations also require the employer conduct an evaluation to identify whether any assessment method in a SERLO process is needed, and the manner in which it is to be applied, includes or creates biases or barriers that disadvantage persons belonging to any equity-seeking group and, if a bias or barrier is identified, make reasonable efforts to remove it or to mitigate its impact on those persons.

What would happen if I refused to participate in the SERLO process?

If an employee does not want to participate in the SERLO process, that does not result in their withdrawal from the process. Management will determine how to deal with these situations on a case-by-case basis in determination with an HR specialist. Refusal to participate does not protect you from job loss and may disadvantage you in retaining your position.

What happens if I am on leave when a SERLO is taking place?

CEIU continues to raise concerns through WFA Committees about the potential negative impacts for employees on long-term leave of absence and to advocate for fairness and equity.

Leaves of absence relating to protected grounds under the Canadian Human Rights Act, such as maternity/parental leave or long-term sick leave, for example, must be treated carefully by the employer and accommodations must be made. In each case, managers should consult with Human Resources to determine the options. CEIU continues to advocate to protect employees on leave so that they are not treated adversely compared to employees who are not on leave.

 
If you are on leave and you have concerns about your situation, speak to your manager. If your concerns are not addressed, speak to your local union representative.


What information am I entitled to in the SERLO process?

The employer must advise each employee of:

• the qualification criteria and the assessment methods,
  
  
• their assessment results,
  
  
• their right to recourse,
  
  
• access to available transition services for surplus employees (e.g., counseling, training, job search supports) and the timing of any actions.

What happens after a SERLO process is completed?

Once the process is complete, employees who have been retained have their affected status rescinded. Those who have been selected for lay-off will receive a letter informing them that they are surplus and either being given a Guarantee of a Reasonable Job Offer (GRJO) or are being declared an opting employee.

Employees have a right to know the outcome of the SERLO process, including the results of any assessment method used, and may request this information from their manager.

Is there a recourse process if I don’t agree with the results of the SERLO or feel there has been favouritism or discrimination?

Employees cannot file grievances, since the SERLO process is not contained in the collective agreement. However, they have a right to file a complaint under the Public Service Employment Act if their selection for lay off constitutes an abuse of authority (s. 65(1)).

The definition of “abuse of authority” is the same as that used in staffing complaints. It is not defined in the legislation but has been interpreted in decisions of the Board and the courts. Abuse of authority includes the following:

• Bad faith
  
  
• Personal favouritism
  
  
• Serious errors and omissions
  
  
• Discrimination on the basis of one of the grounds set out in the Canadian Human Rights Act

It is not necessary to establish that the employer intended to abuse its authority.

Note that is very difficult to prove a case of abuse of authority and requires clear evidence. If you have questions about filing a complaint, speak to your local union representative.