Public Service Employment Act

Marginal note:Priority — persons on leave

• 41 (1) When an employee on leave of absence is replaced, pursuant to the appointment or deployment of another person for an indeterminate period to the employee’s position, priority for appointment shall be given over all other persons to

  • (a) the employee on leave of absence, for the duration of the leave of absence and a further period of one year; or

  • (b) if the employee on leave of absence returns to his or her position, the person who replaced that employee, for a period of one year after that employee returns to the position.

• (2) and (3) [Repealed, 2006, c. 9, s. 103]

• Marginal note:Priority — persons laid off

  (4) Priority for appointment over all other persons shall be given, during the period determined by the Commission, to a person who is laid off pursuant to subsection 64(1).

• Marginal note:Essential qualifications

  (5) The priority of a person referred to in subsection (1) or (4) applies with respect to any position if the Commission is satisfied that the person meets the essential qualifications referred to in paragraph 30(2)(a).

• Marginal note:Order of priorities

  (6) Persons described in subsection (1) shall be appointed in priority to persons described in subsection (4), and persons described in each of those subsections shall be appointed in the order determined by the Commission.