Overview

This directive sets out the requirement to notify employees verbally and in writing that their positions have been abolished.

Unless otherwise specified, this directive applies to bargaining unit, opted out, excluded, and management employees whose positions are abolished.

Please note: This is suspended to March 30, 2020 for permanent Bargaining Unit employees due to Letter of Understanding #17 in the Collective Agreement (Employment Security). Bargaining Unit employees must refer to the Collective Agreement for the most current information.

Verbal notice

Bargaining unit employees

The Master Agreement provides that the Alberta Union of Provincial Employees (AUPE) must be given advance prior 30 calendar days' notice of position abolishment before an employee is notified in writing. Send the written notice to:

President, Alberta Union of Provincial Employees
10451 – 170 Street
Edmonton, Alberta T5P 4S7

Also send a copy of the notice to the Public Service Commissioner's office.

Discuss position abolishment with the employee at the same time AUPE is advised. At this time, any written correspondence to the employee explaining position abolishment should be carefully worded so that it cannot be interpreted as formal written notice. Employees are not required to select an option until they have received written notice of position abolishment.

Opted out/excluded and management employees

Although you are not obliged to provide 30 calendar days' verbal notice to an opted out, excluded, or management employee, consider doing so in the interest of providing the employee with treatment similar to the treatment a bargaining unit employee would receive.

Written notice

A permanent employee whose position is abolished must be notified in writing at least 90 calendar days before the date of abolishment.

The concept of "reasonable notice" applies to opted out, excluded, and management employees. These employees should receive a minimum notice period of 90 days. The actual notice period may be longer and can vary depending on the circumstances of the situation.

The written notice of position abolishment must state the following:

  • the exact date the position is being abolished
  • the relevant authority (for example, Article 15 of the Master Agreement)
  • the options available

The human resources director or line manager normally signs the position abolishment notice. This allows for a review up to the deputy head level if a grievance is filed.

When a bargaining unit employee's position is abolished, send a copy of the written notice to:

President, Alberta Union of Provincial Employees
10451 – 170 Street
Edmonton, Alberta T5P 4S7

Forward copies of all position abolishment notices to the Public Service Commissioner's office.

Calculating the 90-day notice period

The 90-calendar day notice period starts on the day after the date the employee is given written notice. For example:

  • March 15 – notice given to employee
  • March 16 – notice period begins
  • June 13 – notice period expires (last day of employment)
  • June 14 – position is abolished

NOTE: If an employee is on an approved leave of absence such as maternity leave, their rights are interrupted for the duration of the leave. Their rights continue on the date they return to work.

Serving written notice

The manager and a representative from the department's human resources office generally serve the written position abolishment notice. Employees should receive detailed information on their options (see the directive Employee Options and Entitlements). Talent Acquisition Branch, PSC has provided general information packages to departments.

After the written notice has been delivered, the department's human resources office normally contacts each employee whose position has been abolished to provide information on:

  • the employee's options and rights
  • the separation payment for restructuring (SPR) alternative
  • the arranged continuing employment option (if applicable)
  • the consideration given under the priority placement option
  • the resources available to the employee

Specific referral restrictions should also be obtained from each employee at this time.

About this directive

Authority: Collective Agreement, Article 15
Public Service Employment Regulation (PDF, 880 KB)
Application: Organizations under the Public Service Act
Effective Date: October 1, 2002 (updated March 31, 2009)
Contact: Alberta Public Service Commission:
Labour and Employment Practices; Talent Acquisition and Mobility