N.S. Opposition wants dismissal provisions for civil servants halted until PCs can explain rationale

The minister in charge of Nova Scotia's civil service said Tuesday a bill that would allow the province to get rid of non-union government employees without cause will proceed unchanged.

That's despite criticism levelled at the government for giving itself that power on Monday when Bill 1 was up for public comment at the legislature's new committee on public bills.

Retired Justice Department lawyer Pat Clahane said the change in the law would leave key civil servants such as Nova Scotia's chief medical officer of health with less job security than "somebody who's been slinging coffee and doughnuts for 12 years."

Others suggested the move was designed to send a message to public servants that they needed to push the government's political agenda forward unhindered.

But the minister of the Public Service Commission told reporters Tuesday that was not the case and that anyone let go as a result of any reorganization would be looked after.

"Everyone's going to be treated fairly," said Twila Grosse, who reiterated the government's rationale for needing this new power. 

"Our province is growing," she said. "We need the right skill set at this time to ensure that we're able to continue to grow the province and do the things that we're doing."

Grosse said nothing she had heard during the committee hearing gave her pause.

"That legislation will remain," she said. "And that legislation is similar to legislation in Ontario and Manitoba and it is working."

Asked about a clause in the bill that allows the province to bypass Nova Scotia's Labour Standards Code and the basic job protection afforded just about every worker in the province, Grosse seemed caught off guard.

"With regards to the Labour Standards Code, this bill offers employees fair compensation."

But the bill explicitly excludes those who lose their jobs as a result of these changes from those basic protections.

"We'll get back to you with regards to that," said Grosse when pressed for an explanation about the need for that particular exclusion. "Sorry about that."

'Deeply concerning,' says Opposition leader

NDP Leader Claudia Chender called it "deeply concerning" that the minister was unable to provide an explanation. 

"That's a question we need this minister to be able to answer for us. What we have heard from presenters is that this could well mean that public-sector workers have less protections than workers with seniority at a retailer or a food service establishment," Chender said.

"The fact that this government cannot answer the question as to why they felt the need to do this means that this provision should, at the very least, be held until they can answer those questions."

Hours after the minister's scrum with reporters, Ama Lorenz, communications director at the Public Service Commission, offered additional information in an emailed statement.

"With this change employees dismissed without cause will automatically have the right to receive fair compensation in line with their years of service, but not reinstatement," the statement said. "Compensation will be included in regulations and will exceed the statutory minimums for dismissal without cause under the Labour Standards code."