HUMAN RESOURCES AUTHORITIES

Human Resources Manual Directive 102: Human Resources Authorities HUMAN RESOURCES AUTHORITIES PURPOSE 1. This section defines the authorities for human resources management functions in the public service of the Government of Nunavut (GN) and identifies which authorities have been delegated under the Public Service Act (PSA) to specific GN positions. APPLICATION 2. This section applies to all GN departments, Nunavut Arctic College, Nunavut Housing Corporation and the Office of the Legislative Assembly. 3. The attached chart identifies the major human resources management responsibilities in the GN. The chart shows the legal source (if applicable), legal authority, and delegated authority (if applicable) for each responsibility. 4. Authorities are: of of Heads s s/s DEFINITIONS 5. Head is the of a GN department or the head of a board or agency. 6. is the of. 7. is an employee who occupies a position that involves management of significant financial resources, programs and personnel, and who reports directly to a Head. 8. / is an employee who occupies a position that involves management of staff and reports directly to a or Assistant. PROVISIONS 9. Under the PSA, certain responsibilities (powers, functions, duties) of the responsible for PSA can be delegated to GN employees by position July 28, 2014 1

Human Resources Manual Directive 102: Human Resources Authorities or name. This enables decisions to be made as close to the working level as possible in order to maximize accountability, efficiency and responsiveness. 10. GN employees holding positions to whom authority has been delegated by the responsible for the PSA cannot delegate this authority to another person. 11. Pursuant to the PSA and its regulations, the cannot delegate the authority to: Issue Directives pursuant to s. 3 Make a court application pursuant to s. 66 12. Certain authorities for specific human resources management functions have also been defined in the Public Service Regulations. The powers and functions in the Public Service Regulations cannot be delegated. 13. Employees must exercise their authority in a fair and consistent manner. They must respect the rights of individual employees and the needs of the public service. 14. Delegated authority must be provided to employees in writing. AUTHORITIES AND REFERENCES 15. Public Service Act 16. Interpretation Act 17. Public Service Regulations 18. Staffing Review and Appeals Regulations CONTACTS 19. For clarification or more information on this topic contact: Director, Corporate Policy Department of Iqaluit, Nunavut (867) 975-5831 July 28, 2014 2

Delegation of indicates where authority lies and/or who the authority has been delegated to Red indicates the position(s) that will routinely carry out the responsibility on behalf of the of Head STAFFING Request for Staffing (Job Action Request) Casual Staffing Action 4 months Extension of Casual Appointment > 4 months but 1 year Extension of Casual Appointment > 1 year Extension of Term Employment Change of Status from Term to Indeterminate PSA s. 7 PSA s. 12(2)(a) (Health, CGS, NAC only) Reg. s. 5 Head Specific senior management positions in Health, CGS and NAC also have this authority Reg. s. 5 Head Must be done in consultation with Director Staffing or Regional Operations. Union support letter required for NEU positions. PSA s. 18(2) N/A By agreement between parties. PSA s. 18(3) N/A Transfer Assignment PSA s. 12(2)(b)(c)(d) External Assignment (Includes Interchange Canada Agreement) PSA s. 12(2)(e) July 28, 2014 1

Delegation of indicates where authority lies and/or who the authority has been delegated to Red indicates the position(s) that will routinely carry out the responsibility on behalf of the of Head Direct Appointment PSA s. 12(1) approves upon recommendation of Executive Council Internship position creation ( upon recommendation of Executive Council) PSA s. 13(1) Direct appointments are evaluated by the Department of prior to Cabinet consideration. Evaluations are signed by the DM of. Appointment to Internship positions Appointment of interns to indeterminate positions Creation of an eligibility list Restriction of eligibility to certain competitions PSA s. 13(2) PSA s. 13(4) PSA s. 11 PSA s.10(3) Lay-off Casual Employee Reg. s. 6 of Department Responsible for the PSA Recommendation of DH July 28, 2014 2

Delegation of indicates where authority lies and/or who the authority has been delegated to Red indicates the position(s) that will routinely carry out the responsibility on behalf of the of Head Lay-off - Indeterminate, Term, Seasonal or Parttime employees Job Offer (with the exception of Direct Appointments, which have to be recommended by Cabinet prior to extending a job offer) Staffing Appeals PSA s, 10(6) Staffing Review and Appeals Reg s. 8(3) PSA s.21 PSA s. 8 (President NAC) (DM of Health for nursing positions) (Clerk of the Legislative Assembly) Staffing Appeals Committee Rejection on Probation PSA s. 17(1) Specific positions in FIN, NAC and Health also have this authority Staffing Appeals Committee makes all decisions regarding appeals with the exception of cancelling a competition which falls the under the authority of the pursuant to s.8(4) Reduce or Waive Probation PSA s. 16(2) Extend Probation PSA s. 16(3) and Reg. s.4 upon recommendation from DH Recommends to and notifies employee more than 30 days Recommendation from Head must be reviewed by July 28, 2014 3

Delegation of indicates where authority lies and/or who the authority has been delegated to Red indicates the position(s) that will routinely carry out the responsibility on behalf of the of Head before end of probation Resignation - acceptance and withdraw PSA s. 19 Head LEAVE AND ATTENDANCE Annual Leave Reg. ss. 23 None stated Sick Leave where employee has leave credits or LWOP where employee does not have leave credits Reg. s. 25 Immediate Advance of Sick Leave Reg. s. 29(1) Consult with Employee Relations Special Leave 5 days Reg. s. 31 Immediate Special Leave > 5 days Reg. s. 32(1) Head Advance of Special Leave Reg. s. 32(3) Head Casual Leave None found N/A July 28, 2014 4

Delegation of indicates where authority lies and/or who the authority has been delegated to Red indicates the position(s) that will routinely carry out the responsibility on behalf of the of Head LWOP 6 months Reg. s. 39 LWOP > 6 months (except public service leave) LWOP and approval to run for public office restricted employee LWOP Relocation of Spouse up to 1 year LWOP Compassionate Care Leave Maternity or Parental Leave Medical Travel Leave 4 days Reg. s. 39 Head PSA s. 33(1))and 34(2) Head Completed forms MUST be forwarded to DM for publication in NU Gazette None found N/A None found N/A None found N/A Reg. s. 29.1 Head Referral by a medical practitioner, nurse practitioner or nurse Injury on Duty Leave Reg. s. 38 Head Court Leave Reg. s. 35 Head Emergency Leave None found N/A Education Leave Reg. s. 33 Head Public Service Leave None found N/A July 28, 2014 5

Delegation of indicates where authority lies and/or who the authority has been delegated to Red indicates the position(s) that will routinely carry out the responsibility on behalf of the of Head Retiring Leave Reg. s. 36 None Stated Reservist Leave Reg. 39.01 / HOURS OF WORK Flex hours / compressed hours None found N/A Job Sharing None found N/A Part-Time Employees Reg. 9 Head Holiday Designation Reg. s. 13 of Department Responsible for the PSA PAY Overtime Reg. s. 10 Immediate Promotion Salary 25% Reg. ss. 19 and 20(2) of Department Responsible for the PSA July 28, 2014 6

Delegation of indicates where authority lies and/or who the authority has been delegated to Red indicates the position(s) that will routinely carry out the responsibility on behalf of the of Head Promotion Salary Reg. s. 20(1) Head Bilingual Bonus None found N/A Retroactive bilingual bonus requests must be submitted to the for approval Trainer's Allowance None found N/A Callback Pay, Reporting None found N/A Pay, Shift Premiums and Standby Pay Pay Increments Reg. s. 21 Immediate Acting Pay Reg. s. 18 Head EMPLOYEE DISCIPLINE *Consult with Employee Relations Verbal Reprimand None found N/A Written Reprimand* None found N/A Suspension (with or PSA s. 22 Head without pay)* Demotion* PSA s. 22(1)(c) Head July 28, 2014 7

Delegation of indicates where authority lies and/or who the authority has been delegated to Red indicates the position(s) that will routinely carry out the responsibility on behalf of the of Head Suspension with investigation* <90 days Suspension with investigation >90 days PSA s. 23 Head PSA s. 23(3) Demotion after PSA s. 25(2) Head Investigation* Dismissal PSA s. 8 Dismissal Casual employees* Reg. s. 6 of Department Responsible for the PSA Medical Termination None found N/A Abandonment of Position* PSA s. 20 This authority has been delegated to 2 individuals. Red indicates the position that will routinely carry out the responsibility on behalf of the. Grievance 1st Level for Excluded employees (incl. senior managers)* Grievance 2nd Level for Excluded employees (incl. senior managers)* Reg. s. 44 person designated by Reg. s 45 Head July 28, 2014 8

Delegation of indicates where authority lies and/or who the authority has been delegated to Red indicates the position(s) that will routinely carry out the responsibility on behalf of the of Head JOB EVALUATION Job Descriptions and Job Evaluation Requests PSA s. 7(2) RELOCATION Relocation of employees on initial hire, transfer and termination None found N/A (President of NAC) (DM of Health for nursing positions) Specific positions in FIN, NAC and Health also have this authority IMPORTANT NOTES The Public Service Regulations apply to every person employed in the public service. In accordance with s. 1.1(2), if there is an inconsistency between the Regulations and a Collective Agreement, the terms and conditions of the Collective Agreement prevail to the extent of the inconsistency. * If an employee obtains the authority by Regulation, this authority CANNOT BE FURTHER DELEGATED (sub-delegated) to another person A responsibility that is delegated by the responsible for the Public Service Act CANNOT BE FURTHER DELEGATED (sub-delegated) by the person receiving the authority. The must directly delegate the responsibility. refers to of The is an executive level Department of position that is responsible for human resources functions including employee relations, job evaluation and staffing July 28, 2014 9