As a manager, these are the steps you will need to follow to manage applications.
CUPE 2950 POSITIONS
Once a posting has closed, the HR Associate prioritizes the list of applicants with numbers 1-4.
Candidates with a
#1 Priority are
Duty to Accommodate and must be considered first. If there is a 1 Priority Duty to Accommodate candidate, please contact your HR Associate for more information.
Candidates with a
Placement and Recall
candidates and must be considered before other internal or external candidates:
- Placement candidates are employees who have been given notice that they will be laid off.
- Recall candidates are employees who have completed their lay-off notice period.
When employees are laid-off from a position, they are given priority rights to all positions within the same classification or benchmark cluster.
An employee who was laid-off from an Admin Support 2 position will have rights over all other internal candidates for all available Admin Support 2 positions.
Since these candidates have done this type of work at this level, they are deemed to be qualified and departments are required to review their applications and invite them to the selection process (interview(s), testing, and reference checks).
Candidates with a
#3 Priority are Internal Candidates and may only be considered after candidates with #1 and #2 priorities. All internal candidates who appear to have the qualifications and skills for the position should be interviewed. Candidates who do not have the qualifications, skills and experience are not required to be shortlisted. Internal candidates often ask for feedback as to why they were not selected for an interview. Please keep notes indicating why an internal candidate was not selected in order to provide feedback when requested.
Candidates with a
#4 Priority are external to UBC and can only be considered after those with priority 1, 2 and 3.
Declining a Recall/Placement Candidate
Even though recall/placement candidates have done similar work at the same level in the past, occasionally a recall/placement candidate does not have the skills/qualifications to be successful in the position for which you are recruiting. If you have concerns about a recall or placement candidate’s ability to be successful in the role during the selection process, contact your HR representative or HR Associate for guidance.
Declining a recall or placement candidate requires greater diligence than for other candidates. HR will likely advise to complete the selection process with the candidate, including testing and reference checks. If concerns about the candidate are legitimate, then conducting testing and checking references should help strengthen the case for declining the candidate. Once all steps are complete and the decision is made to decline the candidate, your HR representative or Associate will ask you to write a short justification for the decline which should be sent to HR. HR will review and advise if the case is strong or if you should gather more information or consider hiring the employee.
Preparing this case is an important step in the decline process as candidates and/or the Union will often request detailed information as to why the candidate was not selected, and may file a grievance if either the employee or the union feels they should have been offered the position.
Duty to Accommodate
During the hiring process, there may be a candidate with a duty to accommodate request. These candidates are UBC employees who have not been able to continue in their current roles due to their accommodation requirements. They will be prioritized with a #1 priority and must be considered before all other applicants.
There may also be duty to accommodate requests from current employees.
If an employee cannot be accommodated in their former position, UBC Central HR, the employee’s Union or Association (as applicable) and the employee work together to identify the skills and abilities of the candidate and prioritize their applications in positions which they are deemed to be qualified and where an appropriate accommodation may be possible.
Generally, the people are to be accommodated due to physical or mental disabilities, however, they may include any of the 13 areas of discrimination identified in Section 13 of the
BC Human Rights Code. Disability is not defined by the courts and is interpreted broadly. Disability includes but is not limited to: underlying physical or mental impairment; functional limitations; socially constructed handicap; temporary or short-term illnesses or injuries.
Bona Fide Occupational Requirements (BFOR)
Bona fide occupational requirements are those job requirements that the employee must be able to do in order to perform the job adequately without creating an unnecessary risk to self or others. Bona fide occupational requirement must be job-relevant and imposed in an honest and good faith belief that they are reasonably necessary to accomplish their purpose.
If an employee is unable to meet a bona fide occupational requirement after all viable accommodation efforts have been considered, then the exclusion or discrimination of the employee may take place.
A job may require the employee to regularly climb ladders. However, if someone’s disability prevents them from climbing ladders, then the employer may have a right to refuse to hire that person. The employer must be able to prove that the requirement is reasonably necessary and cannot be modified without undue hardship to the employer.
The University has a duty to accommodate an employee with disabilities to the point of undue hardship.
The obligation to accommodate is met when the hardship becomes undue or unreasonable. Factors such as the financial cost of the accommodation, the health and safety risks associated with the accommodation and the size and flexibility of the workplace are used when accessing hardship. Due to the size and resources available to the University, meeting the undue hardship threshold can be difficult.
The University is not required to create a new position or accept unproductive work.
Accommodations will be specific to the needs of the person seeking the accommodation but may include:
- Modification of hours
- Modification of duties
- Specialized technology or equipment
- Worksite modifications
Equipment Accommodation Fund may be able to assist with the cost of equipment-related accommodations.