To Be Placed on Relevant Division Letterhead

TO BE PLACED ON RELEVANT DIVISION LETTERHEAD

*TO BE USED FOR PERMANENT FULL-TIME NON-UNION EMPLOYEES AND PART-TIME NON-UNION EMPLOYEES ON AN INDEFINITE TERM (EXCLUDES ACCOMODATION-RELATED PLACEMENTS) FOR TEMPORARY NON-UNION ACTING ASSIGNMENTS

** Do not use this template for existing and former Council Staff. **

** Please do not use this template for temporary and part-time non-union employees on a fixed-term contract. **

DELIVERED BY HAND

[INSERT DATE]

[INSERT EMPLOYEE NAME AND ADDRESS]

Dear [INSERT EMPLOYEE NAME]:

Subject: Temporary Non-union Acting Assignment – [INSERT position title, division name, posting # (if applicable)]

[SELECT ONE: Further to your recent application for the above-noted job posting OR Further to our discussion and your concurrence on (date)], I am pleased to confirm that you will be placed on a temporary full-time acting assignment in the non-union (INSERT management or exempt) position of [INSERT job title) in [INSERT division name] Division [include if applicable – subject to you meeting the condition(s) noted below].

This temporary acting assignment is conditional on:

1. (Police Reference Check in Parks, Forestry & Recreation, Long-term Care Homes & Services, Children Services and Shelter, Support & Housing Administration divisions – Check with your respective Divisional Coordinator to determine if a PRC is required for an assignment – include if applicable)the results of your (SELECT ONE: Vulnerable Sector Police Reference Check OR Criminal Record check) that are satisfactory to the (INSERT division name) Division. At which time a start date will be determined.
2. (include if certain educational certification and/or professional licence is a bona fide occupational requirement)you producing a copy of the required (INSERT certification and/or licence name) to me by (INSERT date).
3. (include if personal vehicle is required for work and condition of acting assignment)you using a personal vehicle to conduct City business.

Once the above-noted condition(s) has (have) been met to the City's satisfaction, and you have signed this offer of temporary acting assignment, this letter will constitute the terms and conditions of your temporary acting assignment. If you fail to meet the above-noted condition(s) by the specified date, the City's offer of temporary acting assignment will be automatically rescinded.

In order to remain in this acting assignment, you are required to:

1. (include if a valid Ontario Driver’s Licence is a bona fide occupational requirement & the employee is required to use a City vehicle) obtain a City of Toronto Driver's Permit.

2. (include if certain educational certification and/or professional licence is a bona fide occupational requirement)have and maintain a valid (INSERT Ontario Driver's Licence OR certification/licence name) applicable to your temporary acting assignment job classification.

Term

The term of this temporary acting assignment ("AA"), subject to satisfactory performance at all times, will commence on [INSERT start date] and will end on [INSERT end date], unless terminated earlier. The assignment can end, earlier or otherwise, at management's sole discretion. In this instance, the City will endeavour to provide you with two weeks written administrative notice. **division to diarize end-date and send out notice of acting assignment termination or an extension letter 1-2 months prior**.

Please be advised that the term of the temporary acting assignment may be extended for such length of time as the parties agree to in writing; however, any extension shall be on the same terms and conditions set out in this letter.

In this temporary acting assignment, you will be reporting to (INSERT name & supervisor's job title). Although currently located at (INSERT address), your work location and reporting relationship could change in the future due to operational needs.

Hours of Work

Your regular work day and work week will be (INSERT seven hours per day, 35 hours per week or eight hours per day, 40 hours per week). Include for AA in pay grades up to and including 11 - You may be required to perform overtime work, shift work or occasional evening or weekend work, as necessary. Include for AA in pay grade 12 and above – However, actual hours of work expected as a Senior Manager/Executive are those hours as may be necessary to discharge managerial duties and responsibilities and are not necessarily limited to 35 hours per week.

Your reporting relationship, work location, hours of work and/or shift schedule could change in the future to meet organizational and operational requirements, and you agree such changes, with notice, will not constitute constructive dismissal.

Compensation

Use for same pay grade position – While in this temporary acting assignment, you will continue to receive your current salary of (INSERT $) of pay grade (INSERT #), less all applicable statutory, employee benefit and pension deductions as appropriate from time to time, and payable in instalments in accordance with the City's normal practice.

Use for higher pay grade position - While in this temporary acting assignment, your salary calculated per annum based on pay grade (INSERT #) will be [INSERT $], less all applicable statutory, employee benefit and pension deductions as appropriate from time to time, and payable in instalments in accordance with the City's normal practice. Include for AA in pay grade 12 and above- As a Senior Manager/Executive employed in a managerial capacity, this salary is paid as full compensation for all hours worked, including any hours in excess of those normally worked. Accordingly, you will have no entitlement to overtime or lieu time, statutory or otherwise, for additional hours worked.

Use for higher pay grade position - Effective your temporary assignment start date, you will receive the acting salary for any approved paid leaves of absence should they occur during your scheduled temporary acting assignment pursuant to this letter (or any written extension).

Overtime / Lieu Time

Use for employees who are being placed from Exempt non-management administrative, clerical and supervisory positions with direct responsibility for workers in shift operations to Director, Manager, Individual Contributors and/or Equivalent Positions up to and including Pay Grade 11 - If eligible, you are entitled to lieu time, on a straight time basis, for overtime hours worked to a maximum of (SELECT ONE: 105 OR 120) hours per calendar year in accordance with the City's Lieu Time Policy for Non-union Staff. Lieu time cannot be claimed for any period of less than 30 minutes overtime worked in a work day. All overtime hours worked, whether or not eligible for lieu time, must be authorized by your supervisor in advance and must be documented for payroll purposes. Lieu time earned must be scheduled and used by March 31 of the following calendar year, unless otherwise extended by the Executive Director of HR and approved by your supervisor.

Conditions of your temporary acting assignment will also be in accordance with the City's Acting Assignment Policy, as applicable to non-union employees, as amended from time to time, and which are available on the City's Intranet at toronto.ca/hr/policies/acting_assignment.

Include for higher pay grade opportunity for permanent full-time employees only – If your employment with the City of Toronto ceases during the period of your temporary acting assignment due to your termination without cause, resignation or retirement, you agree that any sick pay gratuity payment, if eligible, will be paid at your base salary if you have been in the same acting assignment for less than one continuous year.

Toronto Public Service By-law and City Policies

As a continuing member of the public service and an employee of the City, you are required to act in accordance with provisions of Chapter 192, Public Service, Toronto Municipal Code ("Toronto Public Service By-law") and all City policies, as amended and in effect from time to time. The Toronto Public Service By-law and all City policies are important and you are required to be familiar with and comply with all that apply to you including but not limited to those provisions relating to Conflict of Interest and Confidentiality, Political Activity, Disclosure of Wrongdoing and Reprisal Protection,Acceptable Use of Information Technology Resources, Social Media Usage, Employment Equity, Human Rights and Anti-Harassment/Discrimination, and Occupational Health and Safety.

Attached are the Conflict of Interest and Confidentiality provisions of the Toronto Public Service By-law which you hereby acknowledge you have read, understand that you must comply with and which you agree forms part of the terms of your employment.

You are required to be and remain familiar with the Toronto Public Service By-law and City policies that apply to your employment. Please visit and for more information on the Toronto Public Service By-law and the City's current human resources policies.

Supervisory Competence Training – use for employees moving from exempt to management positions with supervisory responsibilities as defined in the Occupational Health & Safety Act (consult with your Health & Safety Consultant, if required) - If you have not yet successfully completed the City’s mandatory supervisory health and safety training requirements, you are expected to successfully complete the next available occupational health and safety courses as a condition of your temporary acting assignment. These courses are available through the Toronto Public Service course calendar or through your HR Health & Safety consultant.

Parking

If the City provides you with parking privileges of any kind, whether at a City-owned facility or otherwise, this will constitute a taxable benefit to you, and you herein acknowledge and agree that you are entirely responsible for any tax obligations arising as a consequence of that benefit.

Attached is a copy of the bulletin titled, “Business Use of Personal Automobiles” which provides you with information about risk and liability issues associated with operating your vehicle for City business. If you use your own vehicle, you are required to have and maintain a valid Ontario Driver’s Licence and abide by the City's policies and protocols, including maintaining sufficient insurance in relation to the business use of personal automobiles.

Accommodation

If you require accommodation in performing the essential duties of this temporary acting assignment, related to the protected grounds in the Ontario Human Rights Code, you are required to advise your supervisor, in writing, of your accommodation needs and submit adequate documentation to support your request. For disability-related accommodation requests, documentation must be from your treating physician outlining functional limitations.

Exclusivity(use for acting assignment at pay grade 12 and above) - Throughout your employment, you shall devote yourself exclusively and on a full-time basis to the business and affairs of the City and shall not be employed or engage in or become connected in any capacity with the promotion, undertaking or carrying on of any other business or outside activity which is or may be contrary to the interests of the City. Unless authorized in writing and in advance by your division head, you agree that you will not engage in any outside activity which could have an impact on or potentially conflict with your employment with the City, whether or not they involve compensation.

Termination

Upon expiry and/or early termination of this temporary acting assignment, you will be returned to your previous base position as (INSERT job title) or, if not possible, a position comparable with the same pay grade (INSERT #) salary, and terms and conditions of City employment as previously held.

You agree that any termination of the temporary acting assignment, early or otherwise, is not a termination of your employment with the City, and that your return to your base position (or a comparable position) and prior terms and conditions of employment do not constitute a constructive dismissal. Further, you agree that upon any termination of the acting assignment, no severance or payment in lieu of notice will be owed to you whether statutory or otherwise.

Intellectual Property –use for acting assignment at pay grade 12 and above:You acknowledge that all documents or records of any kind, and the content thereof (including all intellectual property, moral rights, and confidential information) created, or used by you pursuant to your employment under this agreement, will be considered the property of the City at all times. You acknowledge that all items and equipment provided by or furnished by the City to you, including, without limitation, computers, mobile or electronic devices, credit cards, book, records, reports, files, disks, manuals, literature, or other materials, will remain and be considered the property of the City at all times. You acknowledge and agree that you will have no property or ownership interest in the abovementioned materials, and that all items, equipment and copies of materials will be surrendered to the City, in good condition, promptly at the request of the City; or in the absence of a request, on the date you are given written notice of the termination of your employment or on the effective date of your resignation.

Other than the new, temporary change in position and salary (use reference to salary only for higher pay grade position) and those changes listed above, all terms and conditions of your employment with the City will continue in effect, without amendment.

Please confirm our offer of this temporary acting assignment by signing this letter, and returning it to my attention by [INSERT date before AA start date]. Please review and sign the TPS By-law Conflict of Interest and Confidentiality provisions and return it with your acceptance of this offer of employment.

I would like to congratulate you on assuming this temporary acting assignment and wish you every success in this new position.

Please contact me at (phone number), if you have any questions.

Sincerely,

[INSERT DIVISIONAL REPREENTATIVE NAME]

[INSERT TITLE]

Copy to: payroll & benefits processing unit

corporate personnel file #######, 5th Floor, Metro Hall

home division (if acting assignment in different division)

I, [INSERT name], consent to this temporary, acting assignment and understand that by doing so, no terms and conditions of my employment with the City will be varied except as set out above relating to the temporary acting assignment and only for the interim period of my acting assignment. For purposes of clarity, the terms and conditions of my base position will continue to apply for all purposes upon the ceasing of my temporary acting assignment.

Signature: ______Date: ______

Attaches.

Business Use of Personal Automobiles

TPS By-law Conflict of Interest and Confidentiality Provisions

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