Changes

Step 7 sets the "Merit Criteria"—the list of skills, knowledge, and needs that will be used to decide who stays. These factors form the legal basis for all assessments and retention decisions under the Public Service Employment Regulations (PSER). Criteria must be directly tied to duties and expressed in clear, objective terms.

Step 7 sets the "Merit Criteria"—the list of skills, knowledge, and needs that will be used to decide who stays. These factors form the legal basis for all assessments and retention decisions under the Public Service Employment Regulations (PSER). Criteria must be directly tied to duties and expressed in clear, objective terms.

* '''The use of clear and objective criteria to prevent bias. Criteria like "leadership potential" or "cultural fit" are highly subjective and allow personal bias to influence the results. To ensure a fair process, every qualification must be directly linked to a specific duty in the "Future State."''' Expanded guidance: Create a Criteria Justification Table that lists each essential and asset qualification, the duty it supports, and the observable evidence that shows it is met. Remove vague or subjective terms.  The department should use a "Criteria Justification Table" to record the rationale for every factor. If a manager cannot prove that a skill is required for a daily task, it should be removed. This ensures the test measures actual merit and competence rather than a manager's personal preference. Implementation detail: Align criteria with Step 5 job descriptions and planned Step 8 assessment methods.

==== '''The use of clear and objective criteria to prevent bias.''' ====

* '''Legally establishing diversity as an organizational need. Under the PSER, "belonging to an equity group" can be established as a formal "Organizational Need" if a representation gap was identified in the Step 1 analysis. This is a legitimate tool to ensure that workforce adjustment does not wipe out years of progress in diversity.''' Expanded guidance: Where Step 1 analysis shows a gap, define an organizational need with a data‑based rationale and clear rules for consistent application among candidates who meet essentials.  Using diversity as an organizational need must be supported by data and documented in the criteria record. This ensures that the department meets its statutory obligations under the Employment Equity Act while remaining transparent about how these needs will be factored into the final retention decisions.  Implementation detail: Document the need, the supporting data and dates, and the application method in the Step 7 record.

Criteria like "leadership potential" or "cultural fit" are highly subjective and allow personal bias to influence the results. To ensure a fair process, every qualification must be directly linked to a specific duty in the "Future State."

 

'''Expanded guidance:''' Create a Criteria Justification Table that lists each essential and asset qualification, the duty it supports, and the observable evidence that shows it is met. Remove vague or subjective terms.  The department should use a "Criteria Justification Table" to record the rationale for every factor. If a manager cannot prove that a skill is required for a daily task, it should be removed. This ensures the test measures actual merit and competence rather than a manager's personal preference.  

 

'''Implementation detail:''' Align criteria with Step 5 job descriptions and planned Step 8 assessment methods.

 

==== '''Legally establishing diversity as an organizational need.''' ====

Under the PSER, "belonging to an equity group" can be established as a formal "Organizational Need" if a representation gap was identified in the Step 1 analysis. This is a legitimate tool to ensure that workforce adjustment does not wipe out years of progress in diversity.

 

'''Expanded guidance:''' Where Step 1 analysis shows a gap, define an organizational need with a data‑based rationale and clear rules for consistent application among candidates who meet essentials.  Using diversity as an organizational need must be supported by data and documented in the criteria record. This ensures that the department meets its statutory obligations under the Employment Equity Act while remaining transparent about how these needs will be factored into the final retention decisions.   

 

'''Implementation detail:''' Document the need, the supporting data and dates, and the application method in the Step 7 record.

=== STEP 8: Determine the Assessment Methods ===

=== STEP 8: Determine the Assessment Methods ===

This step decides how employees will be measured (for example, an interview, a written exam, or a work sample). This plan must be fully designed and approved before any testing activity begins to ensure consistency. The plan should list methods, weights, cut‑scores, rubrics, and accommodations pathways.

This step decides how employees will be measured (for example, an interview, a written exam, or a work sample). This plan must be fully designed and approved before any testing activity begins to ensure consistency. The plan should list methods, weights, cut‑scores, rubrics, and accommodations pathways.

* '''Using a single, consistent assessment plan for the whole pool. For a SERLO to be fair, every employee in the pool must be graded using the exact same methods and tools. You cannot give one person an interview and another person a written test.''' Expanded guidance: Establish a single Master Assessment Plan and apply it to everyone in the pool without exception. Mid‑process changes are not permitted unless there is a documented, lawful reason that applies to the entire pool.  Managers must stick to one "Master Assessment Plan" for the entire pool. Any changes made to the methods midway through the process can be seen as "engineering" the results for a specific individual and will likely lead to successful staffing complaints.  Implementation detail: Approve the plan before use; record version control; and communicate it consistently to assessors.

==== '''Using a single, consistent assessment plan for the whole pool.''' ====

* '''The requirement for assessor training and calibration sessions. If multiple people are grading the assessments, there is a risk of "evaluator drift," where one manager is a "tough grader" and another is "easy." This creates an unfair advantage.''' Expanded guidance: Conduct training and calibration to agree on what different score levels look like, using sample responses and scoring anchors.  The department must hold calibration sessions before grading starts. Graders should review the scoring rubrics together and agree on what a "good" answer looks like. This ensures that every employee is graded against a single departmental standard, rather than an individual assessor's opinion.  Implementation detail: Keep calibration notes and examples, and run spot checks on inter‑rater consistency.

For a SERLO to be fair, every employee in the pool must be graded using the exact same methods and tools. You cannot give one person an interview and another person a written test.

 

'''Expanded guidance:''' Establish a single Master Assessment Plan and apply it to everyone in the pool without exception. Mid‑process changes are not permitted unless there is a documented, lawful reason that applies to the entire pool.  Managers must stick to one "Master Assessment Plan" for the entire pool. Any changes made to the methods midway through the process can be seen as "engineering" the results for a specific individual and will likely lead to successful staffing complaints.   

 

'''Implementation detail:''' Approve the plan before use; record version control; and communicate it consistently to assessors.

 

==== '''The requirement for assessor training and calibration sessions.''' ====

If multiple people are grading the assessments, there is a risk of "evaluator drift," where one manager is a "tough grader" and another is "easy." This creates an unfair advantage.

 

'''Expanded guidance''': Conduct training and calibration to agree on what different score levels look like, using sample responses and scoring anchors.  The department must hold calibration sessions before grading starts. Graders should review the scoring rubrics together and agree on what a "good" answer looks like. This ensures that every employee is graded against a single departmental standard, rather than an individual assessor's opinion.   

 

'''Implementation detail:''' Keep calibration notes and examples, and run spot checks on inter‑rater consistency.

=== STEP 9: Identify, Remove or Mitigate Biases and Barriers ===

=== STEP 9: Identify, Remove or Mitigate Biases and Barriers ===

Under PSER s.22(5), managers are legally required to evaluate their assessment methods and how they will be applied to identify and remove barriers that disadvantage Employment Equity groups. This must be done before the assessments occur. A written record should be prepared for each method.

Under PSER s.22(5), managers are legally required to evaluate their assessment methods and how they will be applied to identify and remove barriers that disadvantage Employment Equity groups. This must be done before the assessments occur. A written record should be prepared for each method.

* '''Proactively searching for barriers in specific test methods. Managers often try to satisfy this legal rule with a generic statement like "we checked for bias and found none." This is insufficient. The law requires a specific, method‑by‑method analysis.''' Expanded guidance: For each assessment, list potential barriers and the mitigation (for example, extra time, accessible formats, plain‑language instructions, equivalent oral or written alternatives).  For example, a timed written exam can be a barrier for an employee with a learning disability or an employee whose first language is not the test language. The "Bias and Barrier Evaluation Record" must document each identified risk and the specific action taken to fix it (such as providing extra time or alternate formats).  Implementation detail: Publish the accommodation request process and timelines in the Step 10 letters and confirm approved measures in writing.

==== '''Proactively searching for barriers in specific test methods.''' ====

Managers often try to satisfy this legal rule with a generic statement like "we checked for bias and found none." This is insufficient. The law requires a specific, method‑by‑method analysis.

 

'''Expanded guidance:''' For each assessment, list potential barriers and the mitigation (for example, extra time, accessible formats, plain‑language instructions, equivalent oral or written alternatives).  For example, a timed written exam can be a barrier for an employee with a learning disability or an employee whose first language is not the test language. The "Bias and Barrier Evaluation Record" must document each identified risk and the specific action taken to fix it (such as providing extra time or alternate formats).   

 

'''Implementation detail:''' Publish the accommodation request process and timelines in the Step 10 letters and confirm approved measures in writing.

=== STEP 10: Inform Employees in Writing ===

=== STEP 10: Inform Employees in Writing ===

=== Every employee in the SERLO pool must receive a formal letter listing the qualifications being tested, the methods that will be used, and how to request help (accommodation) through the process. Letters should be accessible, bilingual, and free of jargon. ===

==== '''The "no surprises" principle in notifying employees.''' ====

* '''The "no surprises" principle in notifying employees. A major equity gap occurs when employees are graded on "hidden" expectations that were not listed in the notification letter.''' Expanded guidance: Letters must mirror Step 7 criteria and Step 8 methods exactly. No additions or changes are permitted after notice is issued, unless applied to all and re‑communicated.  The letter must match the Step 7 criteria exactly, and no informal additions are permitted. Furthermore, employees must be given a reasonable "preparation window" so that those with family responsibilities or accessibility needs have the same opportunity to succeed as everyone else.  Implementation detail: Include clear contacts for accommodations and union support, specify timelines, and retain delivery confirmations.

A major equity gap occurs when employees are graded on "hidden" expectations that were not listed in the notification letter.

 

'''Expanded guidance:''' Letters must mirror Step 7 criteria and Step 8 methods exactly. No additions or changes are permitted after notice is issued, unless applied to all and re‑communicated.  The letter must match the Step 7 criteria exactly, and no informal additions are permitted. Furthermore, employees must be given a reasonable "preparation window" so that those with family responsibilities or accessibility needs have the same opportunity to succeed as everyone else.   

 

'''Implementation detail:''' Include clear contacts for accommodations and union support, specify timelines, and retain delivery confirmations.

== Phase IV: Assessment Implementation and Selection ==

== Phase IV: Assessment Implementation and Selection ==

This is the actual "testing" phase where scores are recorded based on the plan from Step 8. Results must be documented in evidence‑based records for every person in the pool. The assessment environment should be consistent, accessible, and free from avoidable distractions.

This is the actual "testing" phase where scores are recorded based on the plan from Step 8. Results must be documented in evidence‑based records for every person in the pool. The assessment environment should be consistent, accessible, and free from avoidable distractions.

* '''Using independent scoring to prevent dominant opinions. To avoid the "Halo Effect"—where one influential assessor’s opinion sways the entire panel—each grader must write their scores down privately before they talk as a group.''' Expanded guidance: Preserve original, independent scores for each assessor and each criterion, then hold a panel discussion to reconcile differences if needed.  These initial scores must be kept in the file. If a score is changed after the group discussion, the manager must write down a clear factual reason for the adjustment. This protects against a dominant personality on the panel from unfairly favoring or disadvantaging certain employees.  Implementation detail: Use a simple “score‑change rationale” note that cites specific evidence from the assessment.

==== '''Using independent scoring to prevent dominant opinions.''' ====

* '''The requirement for evidence‑based factual notes. Notes should focus on what the employee specifically said or did during the test, rather than the manager's subjective impressions. Managers should avoid using terms like "seemed weak" or "not a team player."''' Expanded guidance: Notes should cite observable facts mapped to the rubric (for example, number of examples, accuracy, completeness, clarity).  Instead, notes should read: "Employee provided three examples of managing budgets" or "Employee correctly identified the risk in Scenario A." This makes the process objective and ensures that decisions can be defended with facts.  Implementation detail: Store notes with the scoring sheets and ensure legibility and completeness.

To avoid the "Halo Effect"—where one influential assessor’s opinion sways the entire panel—each grader must write their scores down privately before they talk as a group.

 

'''Expanded guidance:''' Preserve original, independent scores for each assessor and each criterion, then hold a panel discussion to reconcile differences if needed.  These initial scores must be kept in the file. If a score is changed after the group discussion, the manager must write down a clear factual reason for the adjustment. This protects against a dominant personality on the panel from unfairly favoring or disadvantaging certain employees.   

 

'''Implementation detail:''' Use a simple “score‑change rationale” note that cites specific evidence from the assessment.

 

==== '''The requirement for evidence‑based factual notes.''' ====

Notes should focus on what the employee specifically said or did during the test, rather than the manager's subjective impressions. Managers should avoid using terms like "seemed weak" or "not a team player."

 

'''Expanded guidance:''' Notes should cite observable facts mapped to the rubric (for example, number of examples, accuracy, completeness, clarity).  Instead, notes should read: "Employee provided three examples of managing budgets" or "Employee correctly identified the risk in Scenario A." This makes the process objective and ensures that decisions can be defended with facts.   

 

'''Implementation detail:''' Store notes with the scoring sheets and ensure legibility and completeness.

=== STEP 12: Select Employees for Retention or Lay‑Off ===

=== STEP 12: Select Employees for Retention or Lay‑Off ===

The delegated manager reviews all assessment results and applies the selection rules. This is the formal decision point governed by PSER s.22(8). The selection matrix should show essentials met, total scores, and the application of organizational needs where applicable.

The delegated manager reviews all assessment results and applies the selection rules. This is the formal decision point governed by PSER s.22(8). The selection matrix should show essentials met, total scores, and the application of organizational needs where applicable.

* '''Preference for maintaining representation levels through organizational needs. Unlike standard tie‑breakers, the selection stage is used to ensure that the workforce remains representative. If an organizational need for Employment Equity was established in Step 7, the manager must apply this preference to retain members of those groups to prevent the adjustment from deepening underrepresentation.''' Expanded guidance: Apply organizational needs only among employees who met all essential qualifications and do so consistently across the pool. Document the application clearly.  This mechanism is a primary tool for meeting the department's obligations under the Employment Equity Act. The file must show that this preference was applied consistently across the pool to protect the diversity gains of the organization during the restructuring.  Implementation detail: Include a clear column in the selection matrix indicating where an organizational need applied and the rationale.

==== '''Preference for maintaining representation levels through organizational needs.''' ====

* '''Ensuring the baseline of essential qualifications is met. Merit is the first principle of the SERLO. Employees who do not meet even one "Essential Qualification"—including official language proficiency—cannot be retained under the law.''' Expanded guidance: Verify essentials before any organizational need is considered. If an essential is not met, the individual cannot be retained through the SERLO outcome.  The manager must verify that every person selected for retention has successfully demonstrated all essential factors. Applying equity preferences can only happen among employees who have met this fundamental merit baseline, ensuring a competent and diverse continuing workforce.  Implementation detail: Keep evidence of essential‑qualification verification with the selection record.

Unlike standard tie‑breakers, the selection stage is used to ensure that the workforce remains representative. If an organizational need for Employment Equity was established in Step 7, the manager must apply this preference to retain members of those groups to prevent the adjustment from deepening underrepresentation.

 

'''Expanded guidance:''' Apply organizational needs only among employees who met all essential qualifications and do so consistently across the pool. Document the application clearly.  This mechanism is a primary tool for meeting the department's obligations under the Employment Equity Act. The file must show that this preference was applied consistently across the pool to protect the diversity gains of the organization during the restructuring.   

 

'''Implementation detail:''' Include a clear column in the selection matrix indicating where an organizational need applied and the rationale.

 

==== '''Ensuring the baseline of essential qualifications is met.''' ====

Merit is the first principle of the SERLO. Employees who do not meet even one "Essential Qualification" - including official language proficiency—cannot be retained under the law.

 

'''Expanded guidance''': Verify essentials before any organizational need is considered. If an essential is not met, the individual cannot be retained through the SERLO outcome.  The manager must verify that every person selected for retention has successfully demonstrated all essential factors. Applying equity preferences can only happen among employees who have met this fundamental merit baseline, ensuring a competent and diverse continuing workforce.   

 

'''Implementation detail:''' Keep evidence of essential‑qualification verification with the selection record.

=== STEP 13: Provide Written Notice of Lay‑Off or Retention ===

=== STEP 13: Provide Written Notice of Lay‑Off or Retention ===

Formal letters are issued to all participants. Lay‑off notices must legally contain five specific elements: the statement of lay‑off, the legal reason, the specific selection reason, the effective date, and the right to complain. Retention letters should confirm continuation in the position and any next steps.

Formal letters are issued to all participants. Lay‑off notices must legally contain five specific elements: the statement of lay‑off, the legal reason, the specific selection reason, the effective date, and the right to complain. Retention letters should confirm continuation in the position and any next steps.

* '''Transparency through the 5‑point mandatory notice content. Vague reasons in a layoff letter, such as "other candidates were stronger overall," are not legally sufficient. The employee has a right to know exactly which qualification or organizational need led to their selection for layoff.''' Expanded guidance: Provide clear, evidence‑linked reasons tied to the criteria and selection logic. Use plain language and offer contacts for questions and supports.  Providing clear, evidence‑linked reasons ensures that employees know they were treated fairly and helps them decide whether they have grounds for a complaint under the PSEA. This step is critical for maintaining employee trust during a highly stressful transition. Implementation detail: Retain delivery confirmations and offer meetings with HR/Labour Relations/union representatives on request.

==== '''Transparency through the 5‑point mandatory notice content.''' ====

Vague reasons in a layoff letter, such as "other candidates were stronger overall," are not legally sufficient. The employee has a right to know exactly which qualification or organizational need led to their selection for layoff.

 

'''Expanded guidance''': Provide clear, evidence‑linked reasons tied to the criteria and selection logic. Use plain language and offer contacts for questions and supports.  Providing clear, evidence‑linked reasons ensures that employees know they were treated fairly and helps them decide whether they have grounds for a complaint under the PSEA. This step is critical for maintaining employee trust during a highly stressful transition.  

 

'''Implementation detail:''' Retain delivery confirmations and offer meetings with HR/Labour Relations/union representatives on request.

=== STEP 14: Record the Reasons for Selection or Lay‑Off ===

=== STEP 14: Record the Reasons for Selection or Lay‑Off ===

The process closes with the creation of the final institutional record for every single employee in the pool. This record explains exactly why each person was kept or let go. It should be complete, consistent, and organized for review.

The process closes with the creation of the final institutional record for every single employee in the pool. This record explains exactly why each person was kept or let go. It should be complete, consistent, and organized for review.

* '''Ensuring the decision path is traceable for external review. An external reviewer should be able to pick up the file and trace every step from the "Future State" in Step 1 to the final layoff in Step 13 without having to guess at the manager's intent.''' Expanded guidance: The Individual Reasons Record must cite the relevant documents from Steps 1 through 13, link to assessment evidence and scores, and show the selection logic applied.  The "Individual Reasons Record" must map each decision directly to the assessment scores and the selection logic. This "paper trail" is the department's primary defense against claims of bias and ensures the organization remains accountable for its treatment of employees.  Implementation detail: Use a file completeness checklist and conduct a peer review of a sample of files for consistency.

==== '''Ensuring the decision path is traceable for external review.''' ====

An external reviewer should be able to pick up the file and trace every step from the "Future State" in Step 1 to the final layoff in Step 13 without having to guess at the manager's intent.  Expanded guidance: The Individual Reasons Record must cite the relevant documents from Steps 1 through 13, link to assessment evidence and scores, and show the selection logic applied.  The "Individual Reasons Record" must map each decision directly to the assessment scores and the selection logic. This "paper trail" is the department's primary defense against claims of bias and ensures the organization remains accountable for its treatment of employees.   

 

'''Implementation detail:''' Use a file completeness checklist and conduct a peer review of a sample of files for consistency.

=== Consolidated execution checklist ===

==== Consolidated execution checklist ====

* Step 1: Document Future State, data vintage, adjusted availability, attainment ratios, geographic snapshot, language justifications, and projected representation; record risks and mitigations.

* Step 1: Document Future State, data vintage, adjusted availability, attainment ratios, geographic snapshot, language justifications, and projected representation; record risks and mitigations.