Recently I was listening to the CBC Evening News when I heard the Prime Minister condescendingly declare: “The last time I checked the dictionary, temporary means from time to time . . . .”
Before delivering those remarks he should have checked the lexicon used by the Public Service and he would have discovered that temporary has many variations.
There are substitutes who work in place of officers who are on leave. Also, there are temporary officers who occupy posts that were created for a specific purpose. There are also temporary officers who fill temporary posts pending the establishment of the particular posts. Another category of temporary officers are those acting in established posts. Finally, there are temporary officers who are temporary in name only, since they qualify for appointment in accordance with Section 13 (7) of the Public Service Act which states:
“Any person who, at the commence of this act,
(a) is not appointed to the Public Service;
(b) has been employed (i) in a temporary office; (ii) in an established office; or (iii) in a combination of a temporary and an established office for not less than three years immediately before the commencement of this act, and (c) has the qualifications required by the Civil Establishment (Qualifications) Order for appointment to that office or to an office in a similar grade, shall be entitled to be appointed to that office or an office of a similar grade with effect from the date of the commencement of this act; and shall be treated as being so appointed.”
That act came into force on December 31, 2007. In essence, temporary officers who have been working continuously from or before January 1, 2005, are entitled to be appointed with effect from December 31, 2007. Already, in excess of 3 000 temporary officers have been appointed in accordance with the act. However, for reasons known only to them, the Public Service Commission has refused or neglected to appoint a number of temporary officers who qualify. Similar provisions exist for appointed officers who have been acting in higher posts for the same period.
So far Unity Workers Union has taken the Government to court for its failure to appoint a temporary officer who satisfied the requirements of the act. I am happy to report that this officer has now been appointed.
Just recently, I received a query from an officer who had been working in a post for 12 years and has not been appointed. Unfortunately, she is not alone. It is a crying shame that there are people in the Public Service who are unaware of their rights and entitlements. As a result, officers just grumble when they believe that they have been treated unfairly without knowing that they have some recourse.
In addition, there are many other officers who do not qualify for automatic appointment but nonetheless, they have been working in established offices for as many as seven years without being appointed to those permanent posts. I am of the view that officers who find themselves in this position can rely on Section 13 (11) for a remedy. It states:
“No established office in the Public Service shall be allowed to remain vacant for a period of more than one year except
(a) permission to allow the vacancy is granted by the Governor General on the advice of the Service Commission; or
(b) the office has been frozen by the minister.”
I also remember the Prime Minister saying that Government is looking for a solution that would remedy the situation where temporary officers have to wait for lengthy periods before receiving their pay. He needs to look no further than the Public Service Act and require the Personnel Administration Division to follow its provisions. That situation only arises as a direct violation of the Public Service Act by giving officers contracts for three months at a time when the act clearly says otherwise. The Recruitment and Employment Code (First Schedule of the act) sets out a procedure for filling vacancies which require that the job must be advertised, but it allows for exceptions at paragraph 9(1), which states:
“Exceptions to the recruitment principles mentioned in this code are permitted only
(a) when filling short-term vacancies for a period of not more than 12 months and where the commission considers, in the interest of the Public Service, that the appointment is necessary for the effective functioning or good administration of the relevant ministry or department;
b) when employing a person with a disability.”
Despite this provision, the Personnel Administration Division continues to fill vacancies for three months at a time for a number of years, when the act only allows them to fill vacancies for one year without advertising. Note 7 to the schedule is relevant. It explains:
In order to give managers flexibility to meet short-term needs sensibly and economically, recruitment to appointments of up to 12 months may be carried out without open competition if personnel from within the organization are filling such vacancies. If there is any possibility that staff may be needed for more than 12 months, or if the vacancy is being filled by external recruitment, then the procedures for full, fair and open competition should be used at the outset.
My advice to the Prime Minister would be to spend more time reading the Public Service Act and put down the dictionary.
• Caswell Franklyn is a trade unionist and social commentator.