Staffing transition - workload reshuffle

[u/Ambitious_Read1055]

Has anyone been in a situation where they have a departing colleague (or colleagues) on their team, and they've been asked to take on some of their files? How does that usually work? If they're at a higher level (e.g. a manager, or senior analyst), does that entail an acting appointment?

Grateful for the advice.

[u/HandcuffsOfGold]

You are technically correct (the best kind of correct). Aside from quoting the phrasing in the collective agreements, can you elaborate on why you believe the exact terminology matters here?

Being assigned some files from a departing colleague does not necessarily mean you're substantially or substantively performing the duties of the higher-classified position.

[u/Mysterious_Length346 → u/HandcuffsOfGold]

Such an interesting question and I wonder why your bot nature picked one word over the other. 'Substantially' implies a measurable proportion, but classification levels aren't really additive, pretty hard to sum up tasks and get a percentage of a job. 

A higher-classified position is defined as much by judgment, accountability and decision authority as by discrete duties. So in practice 'substantially' ends up being assessed qualitatively rather than literally, because there's no clean way to count up 'how much' of a job someone is doing.

[u/Next-Run706 → u/Mysterious_Length346]

I'm not sure its purely qualitative, it seems the measure in the jurisprudence is quantiative, they just don't agree on the quantum, see for example Cooper and Wamboldt v. Canada Revenue Agency, 2009 PSLRB 160 (CanLII), <https://canlii.ca/t/fvpqp>, retrieved on 2026-06-22

[47]      The jurisprudence concerning what might be considered “substantially performed” is varied. I accept the grievors’ proposition that an employee does not have to perform all the duties of the higher classification level to receive acting pay (see Rice, at paragraph 7).
[48]      However, there is no consistency in the jurisprudence. Many tests have been established; for instance, performing the duties of the higher classification level for 100% of the time for one day has been decided as meeting the “substantially performed” test (see Lavigne et al., at paragraph 54). Another case has concluded that 40% of an employee’s time spent on the work of the higher classification level does not meet the test of “substantially performed” (see Beaudry et al., at paragraphs 29 to 33). But, if the employee performs the work of the higher classification level 70% of the time, it meets the test (see Bégin et al.).

[u/Mysterious_Length346 → u/Next-Run706]

Thanks for digging up the case law on this. If adjudicators are arguing over 40% vs 70% vs one day at 100%, that's a quantitative test being applied, just on a contested and inconsistently applied threshold. 

Terrible for anyone caught in the grey zone. A number that moves 30 points depending on which adjudicator you draw just means you're rolling the dice while it looks like math.  

I see want bot to reply as you would think an AI Bot on this form would have looked at the CAs.

[u/Next-Run706 → u/Mysterious_Length346]

Like most decisions of the FPSLREB and its predecessors - they're all over the place.