ISBN 0-478-24479-7 December 2004
Redeployment of staff within the Public Service Context This paper has been prepared under the Human Resources Framework by a project team comprising representatives from Public Service departments and the Public Service Association (PSA). The Government s major objectives for the HR Framework are to enhance the performance of Public Service departments and of the Public Service as a whole promote a collaborative, joined-up Public Service that enhances integrated service delivery and reduces duplication and fragmentation enhance the ability to attract and retain diverse and capable talent. Aims To contribute to the Government s objectives, departments are required to ensure that their HR, employment relations and bargaining strategies support the concept of a Public Service-wide career service, including promoting employee mobility between departments. The overriding principle that applies to redeployment is that previous service in the Public Service is valuable and the opportunities to retain such experience should be maximised in the wider interests of capability building. Mechanisms are already in place that provide for the redeployment of employees within the Public Service when they cannot be placed in their departments after a period of restructuring. Better use of such existing redeployment options and other available mechanisms would improve the quality of change management processes used by departments and help to: retain people who are familiar with Public Service networks, culture and behavioural and ethical standards retain institutional knowledge and specialised competencies promote the Public Service as an employer of choice reinforce the Public Service ethos and commitment to spirit of service provide both a symbolic and a tangible gesture that the Public Service offers employees unique opportunities, such as multiple career pathways and opportunities for development. Accordingly, this paper sets out a number of principles relating to redeployment of existing staff and provides suggestions on how departments can use existing mechanisms more effectively. 2
Redeployment of staff within the Public Service Principles As part of any management of change process, chief executives typically agree on a protocol with employees and/or their union, whichever applies. This protocol builds on the provisions for managing change that are set out in employment agreements or other policy documents. The aim of the protocol is to ensure that everyone affected by the restructuring knows the principles and processes that will be followed in relation to the restructuring. These principles cover: maximising placement of people into positions minimising disruption to the organisation minimising disruption to people s lives. Other principles can be agreed, depending upon the nature of the particular restructuring. When in doubt, the provisions of the relevant employment agreement will apply. Definitions (unless otherwise defined in the relevant employment agreement) Surplus staff This refers to employees who, as a result of restructuring can no longer be employed in their current positions and have not been able to be matched with a position in the new structure. Redeployment An employee declared surplus may be redeployed to a position within the department (or another department) where there is a similar match of skills between the employee and the skill requirements of the position. Redundancy compensation Redundancy compensation is payable to an employee who has been declared surplus when all other options for placement have been exhausted. Section 61a, State Sector Act This section empowers chief executives to transfer employees within a department or to another department, subject to consultation with the employee. The effect of this is that the following statutory requirements do not apply to these appointments: obligation to advertise a vacancy (s61) requirement to give preference to the person best suited to the position (s60) review of appointments (s65). This enables a different approach to be taken to appointments for the purposes of redeployment. 3
HR Framework: Building capability for public service Current situation While the mechanisms and legal provisions outlined above are available for redeploying employees within the Public Service, there is concern that such redeployments are rare. This may be because there have been few situations in which staff have been made surplus (as defined) in recent years, a reasonably tight labour market for skilled and experienced staff, and a preference by staff to take redundancy, combined with a lack of information to promote the use of redeployment mechanisms. Enhanced redeployment process Guiding principles The overriding principles that should apply to restructuring have been described above. For redeployment of surplus staff within the Public Service, the following additional principles would apply: The value of previous experience in the Public Service is recognised and every effort will be made to match the skills of surplus staff in one department with the skill demands of other departments. The employee is to be consulted on any proposed appointment. Chief executives and, where applicable, the union, undertake to encourage surplus employees to seek voluntary redeployment within the wider Public Service when placement is not available in the employing department. Individual employees entitlement to privacy must be respected throughout the process and information about them can only be released with their agreement. Nothing in the redeployment process will interfere with chief executives responsibilities under the State Sector Act. Any redeployment process must fit easily within the overall restructuring programme and be easy to understand and administer within a reasonable time frame. An employee is not entitled to receive any compensation payment for redundancy where they have been redeployed to a substantially similar position as defined in s30e of the State Sector Act. The application of redeployment as an option is part of a transparent and planned approach to change management and one that has been developed in consultation with the union, staff and key stakeholders. The process in action The flow chart (on page 5) represents how a process under section 61a of the State Sector Act would operate in practice if and when an employee who has been declared surplus cannot be placed in the employing department. The aim is to ensure that the different stages of the process are managed efficiently and transparently and that all participants know what is required of them. The chart represents a framework to which detail can be added to fit individual situations. 4
Redeployment of staff within the Public Service 5
HR Framework: Building capability for public service Existing mechanisms Typically, collective agreements contain a redeployment or job search provision, in which the department undertakes to assist employees to find alternative employment outside the department. This assistance may include career counselling, outplacement support, employment agency support, and CV preparation or interview skill development. Resources to be considered Redeployment coordinator (see below) Government Jobs Online, www.jobs.govt.nz, which is a website provided free of charge by the State Services Commission to enable government agencies to advertise vacancies and secondment opportunities. Agencies with staff declared surplus should consult the advertised positions and provide facilities for their affected staff to do the same, as part of the support given to their career decision-making. Human Resources shared electronic workspace for HR practitioners, hosted by the State Services Commission, on which departments can place announcements about the skill sets of staff seeking redeployment (subject to staff agreement). Email lists of HR network contacts, which can be used to broadcast a message about available skill sets or to direct attention to information on the shared workspaces (also subject to staff agreement). Departmental Redeployment Coordinator It is envisaged that the person with the overall responsibility for managing a restructuring would undertake, or delegate, the role of coordinator, overseeing the redeployment of surplus staff to the wider Public Service. This person would have responsibility for: managing the process outlined in this paper ensuring that the process meets best practice in terms of employment relations developing and using effective networks across the Public Service, including the State Services Commission, the union and HR managers. consulting with staff declared surplus ensuring the privacy of individuals is maintained and that an employee s agreement is obtained before releasing information to another department ensuring the key skills and experience of surplus staff seeking redeployment are clearly identified actively using the resources described (particularly the shared HR workspace and broadcast emails), as agreed with the staff members concerned. The coordinator role would be a small extension of current responsibilities and would incur no significant cost. Provided the process is kept simple there would be no additional costs that could not be accommodated within normal workloads. 6
Redeployment of staff within the Public Service Highlighting key skills and experience The following prompt questions have been developed to support managers or coordinators who may be dealing with a large change process, or who are not familiar with all of the competencies of staff seeking redeployment. They are intended to help develop summaries about skill sets, whilst at this stage preserving the privacy of individuals. The questions are designed to draw out the particular qualities, strengths and experience in which other departments may be interested: What particular discipline, profession, or trade do you have strength(s) in (e.g. IT, HR, strategic policy, office administration, finance)? How long have you worked in this role/with this organisation/in this profession or trade? What different environments have you worked in (i.e. organisations, sectors, industries, countries)? What different sorts of areas have you worked in within this discipline, profession, or trade (i.e. how would you describe the breadth of knowledge and experience that you have had)? Within your role, profession, or trade, what particular areas of expertise do you have (i.e. are you considered a generalist and/or a specialist)? In your current role, who is your manager and who do you manage, if anyone (i.e. which position do you report to; how many staff are you responsible for)? Are there any other relevant experiences that you would like highlighted, such as management experience, participation in the community, professional memberships, etc.? Departments should amend these prompts to suit the particular context. Their application could involve the staff member completing a simple online or hard copy form, or be used as part of an interview with the co-ordinator. Any forms used could incorporate an agreement to the use of appropriate, nonidentifying announcements on the shared workspace or by email to HR networks. This information does not replace the person s CV, but is in addition to it. If another department wishes to pursue the appointment of a person through the redeployment process, it may request a copy of the full CV, subject to the prior agreement of the employee concerned. Enquiries In the first instance, enquiries about redeployment provisions available to staff should be directed to departmental HR and Legal sections, or to the PSA or other relevant union. Further enquiries could be made to the State Services Commission s Legal or Employment Relations teams. This resource was produced by a joint project team from Public Service departments, the Public Service Association and the State Services Commission. 7
HR Framework: Building capability for public service State Services Commission 100 Molesworth Street, Wellington PO Box 329, Wellington Phone: +64-4-495-6600 Fax: +64-4-495-6686 Website: www.ssc.govt.nz 8