Employee deemed unqualified for full-time managerial position after performing acting duties

Was acting employee demoted and penalized?
|Canadian Employment Law Today

This instalment of You Make the Call looks at a federal employee who filled a managerial position higher than her regular job on an acting basis for several months but was returned to her old position after she was deemed to be unqualified.

Karen Peters works as a senior advisor in the Federal Treaty Negotiation Office (FTNO) in Vancouver, which is part of the Department of Indian Affairs and Northern Development. In November 2001, Peters was assigned the duties, on an acting basis, of a vacant higher-level managerial position. She performed the duties of her original position and the new position and received higher pay until June 2002 to reflect the increased duties. She did not at any point receive an official offer of promotion to the managerial position, though an extension of the acting assignment was offered.

Peters’ supervisors agreed to assess her skills with the possibility of giving her the managerial position on a full-time basis. Though she received a positive performance review in the acting capacity, they found Peters did not meet the requirements for the full-time position. They suggested she continue temporarily “as a development opportunity” while they filled her normal advisor position.