Information Bulletin for Individuals Filing Lay-off Complaints
The following has been prepared to avoid misunderstandings and misleading assumptions relating to section 65 complaints (lay-off).
I should file my complaint as soon as I am advised that I am an affected employee to make sure I don't lose my right to complain.
- This is false. Your complaint must include the letter you received that states that you have not been selected for retention or a letter that says that your position is considered surplus. If you are filing a complaint because you have received a letter telling you that you are an affected employee, your complaint will likely be dismissed because it is premature. That letter does not give you a right to complain and the FPSLREB does not hold complaints in abeyance.
I should include everything that proves my case with my complaint form.
- This is false. When filing your complaint, you DO NOT need to file every document, exhibit, chart, spread sheet, etc. that you intend to use at the hearing to prove your case. It is not necessary at this time and doing so will not make your case proceed faster.
- See the Procedural Guide for staffing complaints at Chapter 5 for information about what is required at the time of filing your complaint.
I can include any kind of information because the FPSLREB must keep confidential / medical / sensitive information in a separate file and cannot disclose it to anyone else unless I tell them they can.
- This is false. It is clearly stated on the complaint form, in the Procedural Guide and in our Frequently Asked Questions that confidential or medical information should not be included with your complaint. Despite these notices, the FPSLREB continues to receive some complaints that include detailed medical information, medical reports or assessments and other confidential information.
- It is incorrect to assume that if you have stamped your documents protected, private or confidential they will not be disclosed or forwarded to the other parties.
- It is incorrect to assume that the FPSLREB has an obligation to protect your information. Unlike departments, the FPSLREB cannot remove confidential information from documents it receives before forwarding them. The FPSLREB cannot withhold certain documents and forward others. Section 14 of the Public Service Staffing Complaints Regulations requires that the complaint and all the supporting documents be forwarded to the Deputy Head and all the other parties to the complaint.
- It is not necessary and you should not include detailed sensitive personal or medical information on your complaint form, nor attach any medical records or other documents that contain confidential information about yourself or others upon filing your complaint. It is NOT necessary to include all the documents related to your selection of employees for retention or lay-off (SERLO) process at the time of filing your complaint.
- You should NOT be forwarding documents containing sensitive information about other individuals if you have not obtained their consent to do so. Documents you intend to rely on to prove your case should be filed as exhibits at the hearing where their relevance and authenticity can be determined. Unless you have the other person's consent, DO NOT send the FPSLREB confidential or sensitive information about other individuals with your complaint.
- However, please be advised that if you choose to include confidential, sensitive, or medical information with your complaint or in an attachment, ALL the information will be forwarded to the other parties to the complaint. These other parties will likely include people with whom you work. For example, in certain departments, hundreds of employees are in the same lay-off process and these individuals are entitled to receive copies of all the documents that are filed throughout the process.