Changes To Civil Service Act To Bring Equity To Casual Hiring Practices

* Provincial Treasury [to Jan 2010]
Proposed amendments to the provincial Civil Service Act will instill greater equity in the government's casual employment practices.

The Honourable Pat Mella, Provincial Treasurer, announced the changes today as part of a program to renew and instill greater fairness in the government's long-term casual hiring practices.

"Casual employees perform vital functions in the delivery of services throughout PEI," says Minister Mella. "Many of these employees have worked in casual positions for extended periods, some for as long as 10 or 20 years. Unfortunately, these casual staff do not enjoy some of the employee benefits which classified personnel are entitled to, such as pension benefits." Minister Mella noted situations exist where casual and classified employees work side by side and receive significantly different benefit packages. "The changes we are initiating will bring much needed equity to the process of hiring long-term casuals."

Three key amendments to the Civil Service Act will be introduced to support the government's goal to classify and permanently staff each long-term position that equals at least one 40 percent Full Time Equivalent (FTE) position, and instill greater fairness in seasonal hiring practices.

1) Temporary Amendment – 40 Percent Factor: To allow all of government's employees who have one year of continuous service, or who have at least a number of hours equivalent to 40 percent of full-time service in at least each of the last two years, an opportunity to apply for in-service competitions. This temporary amendment allows incumbents with service to have their credentials considered.

2) Permanent Amendment – New One Year Eligibility Requirement: To create a greater balance between experienced and new employees, the requirement of two years of continuous service for eligibility to apply for internal competitions will be reduced to one year. This measure reflects the government's and the union's commitment to in-service competition and brings the province's restrictive eligibility criteria in-line with other provinces (see fact sheet attached).

3) Permanent Amendment – Seasonal Employees: Where a person has received a satisfactory performance evaluation in a seasonal, temporary job, the job shall be re-offered to that person in the immediately succeeding season, should that job be available. In future, the Public Service Commission, an arms-length board, shall manage a consistent seasonal hiring process.

Minister Mella noted that, for far too long, successive governments have refused to address the existing inequitable hiring practices. "These personnel matters are tough issues, but they are important and they need to be addressed now. If we are going to continue the process of renewing the civil service, we must begin today with action. We must bring PEI's hiring practices in-line with other provinces' standards."

"These legislative changes will present many benefits," stresses the Minister. "The amendments give government the legislative teeth needed to instill greater fairness in the hiring process. The reforms give seasonal employees future job security, so they are not subjected to old style, partisan politics. By tightening up the performance evaluations process, government will ensure the most productive employees are on its payroll."

Minister Mella emphasizes that the PEI Union of Public Sector Employees provided input and advice on the legislative changes that support this initiative. "These changes are long overdue and will have positive effects on the administration of the government's human resource policies and procedures. The "Act to Amend the Civil Service Act" was tabled earlier today in the Legislative Assembly.

FACT SHEET

Other Provinces – Restrictions on Competition:

By examining the practices of other jurisdictions in Canada, it was determined that Prince Edward Island's public service is restrictive to entry relative to other provinces. No other government in Canada requires that an in-service candidate for a classified position already have two years of continued service. For the most part, other jurisdictions require nominal terms of service, or conduct open competitions only. The closest requirement to Prince Edward Island's is British Columbia.

Alberta: Differentiates between open and limited competitions; however, it is at the discretion of each department which type of competition is held.

British Columbia: Casual employees must have 200 days (or 1,400 hours) service within a 15-month period to be eligible for in-service competition.

Manitoba: No formal access restrictions placed on casual employees; competitions are open to the public; preference is given to the classified employee.

New Brunswick: Casual employees must have six months service to be eligible to apply to internal competitions.

Newfoundland: Any individual who has one day service is considered a government employee and is eligible for all in-service competitions.

Nova Scotia: No formal restrictions placed on casual employees; competitions are open to the public; must be justification for selecting a non-unionized employee over a unionized one.

Ontario: Any person employed with the province, regardless of status, on the day a competition is posted is eligible to apply.

Prince Edward Island: Casual employees must have two years continuous service; must have been appointed by the Public Service Commission.

Saskatchewan: Casual employees must have four or eight months service, depending on the position, to be eligible for in-service competitions.

Media Contact: Pat Mella