POLICY Department of Human Resources AFFECTED EMPLOYEE AND STAFFING PRIORITY 1. POLICY STATEMENT

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1 1. POLICY STATEMENT The Government of the Northwest Territories (GNWT) is committed to the retention of employees, however in cases where employees are subject to lay-off or voluntary separation, the GNWT will provide notice and assist employees in exploring all available options. 2. PRINCIPLES (1) When there are changes to positions which result in employees being affected, every reasonable effort shall be made to retain employees within the territorial public service. (2) Affected employees are given priority for staffing for vacant positions within the territorial public service during the eight week affected notice period, and during the lay-off notice period for those employees subject to lay-off. (3) No employee represented by the Union of Northern Workers shall be laid off, transferred or relocated while on, or within six months of his/her return, from maternity or paternal leave without the consent of the employee, the employer and the union. 3. SCOPE This policy applies to all territorial public service employees except casual employees, employees in the Northwest Territories Teachers Association and employees of the Northwest Territories Power Corporation. 4. DEFINITIONS Please refer to the Definitions section of the Staff Retention Policy. May 30, 2013 Page 1 of 9

2 5. AUTHORITY AND ACCOUNTABILITY (1) General Minister This policy is issued under the authority of the Minister of Human Resources. Deputy Minister (2) Specific The Deputy Minister of Human Resources is accountable to the Minister of Human Resources for the administration of this policy. Minister The Minister of Human Resources may approve changes to this policy. Deputy Minister (i) (ii) May establish further procedures and/or guidelines on the application of this policy for use by departments, boards and agencies. Provides support, assistance and direction to departments, boards and agencies on the mandate and any associated procedures and/or guidelines related to this policy. Deputy Heads (i) (ii) Deputy heads are responsible for the administration of this policy in their department, board or agency. The deputy head of a department, board or agency identifies the need to eliminate positions or to relocate positions to a different community, and identifies specific positions for elimination or relocation. May 30, 2013 Page 2 of 9

3 (iii) Deputy heads are required to identify internal vacancies and notify the as soon as possible. Internal efforts to place affected employees in these positions should be identified. Information to be provided should include the following: the job title and location (division and community); the pay level; brief description of scope; brief description of qualifications; and job description. (iv) As soon as it is determined that there are no placement options in the home department, board or agency for an affected employee subject to lay-off, the department, board or agency, in conjunction with the Department of Human Resources, prepares a retention plan, which outlines the specific activities to assist each employee. The retention plan for employees in a lay-off situation must be approved by the deputy head and should include: identification of vacant positions and retraining options in the GNWT; and skills and interests of the affected employee. Retraining is not an option for employees who have been provided with formal notice of the relocation of their position. May 30, 2013 Page 3 of 9

4 (d) (i) (ii) Helps departments, boards and agencies confirm which positions proposed for elimination or relocation have incumbents. Helps the employee prepare or gather: a current resume; current performance appraisal (if no formal appraisal on file, can be a performance letter from current supervisor); and an interest/aptitudes summary. (iii) Provides the Union of Northern Workers, on a semi-annual basis, with the names of those employees on the staffing priority list occupying positions whose incumbents are members of the Union of Northern Workers. (e) Managers (i) Managers, with assistance from the Department of Human Resources if necessary, arrange individual meetings with employees occupying positions identified for elimination or relocation. Meetings are conducted according to the following provisions: if the meeting involves an employee who is a member of the Union of Northern Workers, the Union of Northern Workers is notified and a union representative has the right to be present if requested by the employee; excluded or management employees may have someone with them if they wish; at the meeting, the employee is informed of his/her affected employee status and is given a copy of the Staff Retention Policy which explains the process and options; May 30, 2013 Page 4 of 9

5 (d) (e) (f) (g) the employee receives a letter which clarifies his/her affected employee status; the employee is told that he/she can seek information from the ; a meeting time for a second meeting, to be held within the next week, between the employee, the manager and the is arranged by Human Resources within 48 hours. At the second meeting, the manager and the work with the employee (and a Union of Northern Workers representative or other supportive person if the employee wants) to discuss next steps. 6. PROVISIONS (1) Term Employees Where there are both indeterminate and term employees in positions subject to lay-off of the same occupational nature and level, term employees will be laid-off first. Term employees whose positions are identified as eliminated or relocated are eligible for staffing priority status to the end of their term provided no suitable, alternate term placement is found within their home department, board or agency. Term employees identified for lay-off or voluntary separation may compete for positions under the standard open competition process, but are only given priority for term positions equivalent in duration to their current term. May 30, 2013 Page 5 of 9

6 (2) Similar Positions Lay-Off In cases where there are a number of similar positions and only some are to be eliminated, standard selection procedures and Affirmative Action staffing guidelines will be applied as between or amongst those candidates. Incumbents will be ranked by affirmative action status, and within that status, by merit. If all other factors are equal, length of service will be a determining factor. (3) Leave Every affected employee will be granted reasonable leave with pay, during the lay-off eight week affected notice period, and during the 13 week lay-off notice period for employees subject to lay-off, for the purpose of being interviewed or examined by prospective employers within the territorial public service. Employees shall also be granted reasonable leave with pay for any time required for travel to meet with these prospective employers. An affected employee will be granted, upon request, any earned but unused annual leave before his/her employment is terminated due to lay-off or his/her position is transferred to another community. The use of annual leave will not change the lay-off or relocation date. (4) Priority Status Once a staff retention plan is signed by the Minister of the department, board or agency and it is received by the Department of Human Resources, the affected employee subject to lay-off identified in the plan receives GNWT-wide priority and is placed on the staffing priority list by the. There is no requirement for a staff retention plan for an employee who is affected due to voluntary separation, and these employees are placed on the staffing priority list as soon as they are provided with formal notification of their affected status. May 30, 2013 Page 6 of 9

7 (d) (e) (f) (g) The maximum time that should elapse from the time the employee learns that they are affected to the active consideration of placement options outside his/her home department, board or agency should be no more than eight weeks for employees subject to lay-off and immediately for employees subject to voluntary separation. Employees who are given staffing priority status after the closing date for a competition may submit their application on that competition up to the point where a job offer is made. Applicants in this situation will be strongly encouraged to make the application as soon as possible to avoid disrupting the staffing process. The staffing priority list is circulated within the Department of Human Resources on a weekly basis. The staffing priority list must be reviewed before any position is staffed. Prior to initiating a competition for any vacant position, the must identify individuals on the staffing priority list who have the necessary qualifications for the position, or for employees subject to lay-off who could have the necessary qualifications with one year s training or less. These individuals are advised of the employment opportunity by the and are given two working days to apply. If an individual on the staffing priority list does not apply at this stage, it does not preclude them from applying with staffing priority on any eventual competition for the same position. If an individual on the staffing priority list applies, the Department of Human Resources and the position s supervisor or manager conducts an interview with the employee. Interviews are only held with employees with staffing priority status. (5) Reasonable Job Offer The Employer shall make every attempt to provide a reasonable job offer to affected employees. This includes the consideration of appointment to positions occupied by employees who have applied for Voluntary Separation. If a reasonable job offer is made to an affected employee subject to lay-off and he/she turns it down, the employee is considered to have May 30, 2013 Page 7 of 9

8 tendered his/her resignation effective the end of the lay-off notice period and receives no further staffing priority. The employee is not eligible for lay-off severance entitlements. If a reasonable job offer is made to an affected employee subject to voluntary separation and he/she turns it down, staffing priority is maintained and efforts to assist the employee to find alternate employment within the territorial public service continue for the eight week affected notice period. (6) Interviews If an affected employee is interested in a specific vacancy within their department, board or agency, the and the position s manager conduct a competition or the employee is direct appointed. If it is determined through the interview that the employee subject to lay-off is qualified or could be qualified with one year or less of retraining, the employee is appointed to the position. If more than one affected employee from within the department, board or agency is interviewed, the position is awarded to the most qualified and suitable individual, taking into consideration the Affirmative Action Policy. If it is determined through the interview that the employee subject to voluntary separation is qualified, the employee is appointed to the position. If more than one affected employee from within the department, board or agency is interviewed, the position is awarded to the most qualified and suitable individual, taking into consideration the Affirmative Action Policy. (7) Appeal The appointment of a laid-off employee to a position whose incumbent is a member of the Union of Northern Workers may only be appealed by other laid-off employees who have applied on the same position. May 30, 2013 Page 8 of 9

9 (8) Policy Review This policy will be reviewed by the every three years. 7. PREROGATIVE OF THE MINISTER Nothing in this policy shall in any way be construed to limit the prerogative of the Minister to make decisions or take actions respecting this policy. In this regard, the Minister may make exceptions to the provisions of this policy. Any exception will require substantiation in writing and must be recorded with the Department of Human Resources. Minister of Human Resources May 30, 2013 Page 9 of 9