Recall & Duty-to-Accomodate Candidates

Allowing Employees to Work to the Best of Their Ability

Duty to Accommodate candidates are employees that the University, as one employer, has an obligation to take measures to eliminate disadvantages that result from a rule, practice or physical barrier that has or may have an adverse impact on individuals or groups protected under the Canadian Human Rights Act or identified as a designated group under the Employment Equity Act. In employment, the duty to accommodate means the employer must implement whatever measures necessary to allow its employees to work to the best of their ability.

Recall and placement candidates are employees who have been laid off from their positions through no fault of their own. Recall is only available to CUPE 116 and 2950 employees; however the process for recall is different for each bargaining unit. Placement candidates are CUPE 2950 employees who are currently in their notice period.

CUPE 116 employees only have recall rights to their previous position, or a position of equal pay which they are qualified for, within the same department or unit from which they were laid of.

CUPE 2950 employees have recall rights to any vacancy in their benchmark cluster across the University.

For the specific collective agreement language referring to recall candidates, refer to:

• CUPE 2950 Collective Agreement: Article 19 and Article 34
• CUPE 116 Collective Agreement: Article 11.05

If you are in a position of interviewing a recall / placement candidate, here are a few things to remember:

• the employee has been employed in a position at the same level, therefore likely has the skills and requirements you are recruiting for
• you should not ask the employee why they are interested in your position – it can make employees very uncomfortable to have to explain that they were laid off from their previous position, and the circumstances around that
• recall / placement candidates only have to meet the minimum qualifications for the position
• Duty to Accommodate candidates must be given first consideration for the position and then recall / internal placement employees; you are required to objectively decide if they meet the minimum quailfications required