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Service Verification Information Requirements
Complaint History
In 1989 the Public Service Alliance of Canada (PSAC) filed an equal pay for work of equal value complaint against the Government of the Northwest Territories (GNWT).
The complaint alleged that the GNWT had breached Section 11 of the Canadian Human Rights Act by paying employees working in female-dominated occupational groups less than those employees working in male-dominated occupational groups performing work of equal value.
The complaint covered a variety of employees affected by the GNWT - Union of Northern Workers collective agreement.
The complaint was referred to the Canadian Human Rights Tribunal for resolution in 1998.
The Tribunal began hearing evidence in June 1999 in Yellowknife. By early 2002, after over 100 days of hearing, the PSAC and the CHRC had presented most of their evidence and the GNWT was preparing to commence its defence.
While the Tribunal process proceeded, the two parties, with the assistance of the CHRC, continued their efforts to reach a negotiated settlement. These efforts were rewarded on June 25th, 2002 with the achievement of a final settlement.
The Canadian Human Rights Tribunal officially approved the terms of the settlement on June 25, 2002 with the insurance of a Consent Order. The Consent Order acknowledges the settlement meets all the requirements of the Canadian Human Rights Act and thus brings the complaint process to an end.
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SETTLEMENT TERMS AND CONDITIONS
Settlement Highlights
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The total compensation package for affected current and former unionized employees is valued $50 million including the
$23 million already paid out to unionized employees through the the GNWT's individual settlement agreement initiative.
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The settlement covers unionized employees who worked for the GNWT and certain GNWT Boards and Agencies between March 28, 1989 and March 31, 1998.
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Additional class codes are now eligible for an equal pay payment.
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Additional compensation may be available to those who previously accepted an individual settlement agreement offer.
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Casual employees meeting eligibility requirements will be compensated.
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The gender-neutral Hay job evaluation system was used to settle the complaint.
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An employee's current wage will not be affected by the agreement.
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The first equal pay payments will be mailed in December 2002.
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Current and former employees will have until December 2004 to contact the GNWT to claim their compensation.
- The GNWT will undertake a significant public information campaign to inform current and former employees of the terms and conditions of the agreement.
The Government will use the same methodology to calculate compensation for any affected excluded employees.
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Settlement Documents
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Settlement Approval
The settlement was approved by:
- Mr. Joe Handley, The Minister Responsible for the GNWT Public Service;
- Ms. Anne Adams, Acting Chief Commissioner of the Canadian Human Rights Commission; and
- Ms. Nycole Turmel, National President of the Public Service Alliance of Canada
The Consent Order was issued by the Canadian Human Rights Tribunal hearing the complaint.
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GNWT Departments, Boards And Agencies Covered By The Equal Pay Settlement
- All GNWT Departments
- Aurora College
- Baffin Regional Health and Social Services Board
- Beaufort Delta Education Board
- Aklavik, Fort McPherson, Holman, Inuvik, Paulatuk, Sachs Harbour, Tsligchtch, Tuktoyaktuk
- Deh Cho Education Board
- Deh Cho Health and Social Services Board
- Dogrib Education Board
- Dogrib Community Health and Social Services Board
- Fort Smith Health and Social Services Board
- Inuvik Regional Health and Social Services Board
- Keewatin Regional Health and Social Services Board
- Kitikmeot Health and Social Services Board
- Mackenzie Regional Health and Social Services Board
- NWT Housing Corporation
- Sahtu Board of Education
- South Slave Education Board
- Fort Resolution, Fort Smith, Hay River, Lutsel'ke
- Stanton Regional Health Board
- Worker's Compensation Board
- Yellowknife Health and Social Services Board
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Eligible Class Codes
| Group/Sub-Group |
Class Code |
|
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| Court Reporter |
1032 and 1033 |
| Clerical |
1201, 1202, 1203, 1204, and 1205 |
| Clerical |
1222, 1223, and 1224 |
| General Administration |
1301, 1302, 1303, 1304, and 1305 |
| Typing/Steno/Secretarial |
1701, 1702, and 1703 |
| Workers Compensation |
3031, 3032, 3034 |
| Individual Services (Social Workers) |
3201, 3202, 3203, 3204, 3205, 3206, 3207, 3211, 3212, 3213, 3214, and 3215 |
| Instructional Services |
3301 |
| Interpreting Services |
3401, 3402, 3403, and 3404 |
| Computer Operations Support Services |
4511, 4512, and 4513 |
| Community Nursing |
6101, 6102, 6103, 6104, 6105, and 6107 |
| Hospital Nursing |
6201, 6202, 6203, and 6204 |
| Hospital Support Staff |
6301, 6302, 6303, 6304, and 6305 |
| Nursing Support |
6401 |
| Specialist Services |
6501 and 6502 |
| Rehabilitation Specialist |
6503 |
| Pharmacy |
6511, 6512, and 6513 |
| Dietary Specialist |
6521 |
| Dietetics |
6522 and 6523 |
| Audiology & Speech Therapy |
6531 and 6532 |
| Technical Services |
6601, 6602, and 6603 |
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| Exclusively Excluded Class Codes |
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1021, 1022, 1023 and 1024 |
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3405 |
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6106 |
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6205 |
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6524 |
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Time Period Covered
The settlement covers current and former unionized employees working for various GNWT Departments, Boards and Agencies between March 28, 1989 and March 31, 1998.
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Timelines
| June 2002 |
- The Canadian Human Rights Tribunal issued a Consent Order to end the equal pay complaint against the GNWT
- The settlement was announced
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July to
November 2002 |
- GNWT to collect and verify employee service information
- Awareness and information campaign starts
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| December 2002 |
- First bulk mailing of payments to employees
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| January 2003 to December 2004 |
- Continued collection and verification of employee service information
- On-going processing and mailing of payments
- Awareness and information campaign on-going
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| December 31, 2004 |
- Deadline for employees to contact the GNWT
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January to
March 2005 |
- Review of Fund balance
- Review any outstanding claims
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| June 2005 |
- Disbursement of remaining funds
- The Fund is permanently closed
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Payment Schedule
According to Clause 24 of the Collateral Agreement, signed June 25, 2002:
"The initial payment from the Fund, other than those already made pursuant to the Settlement Agreement, will occur six (6) months after the issuance of the Order (Consent Order).
After this date, payments will be made on a monthly basis not later than three (3) months after service is agreed upon and verified . . . "
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How Equal Pay Payments Will Be Calculated
Individual equal pay payment calculations will be based on the methodology contained in the June 25, 2002 settlement negotiated and approved by the GNWT, the Public Service Alliance of Canada and the Canadian Human Rights Commission.
Employee service records will be reviewed by the GNWT to determine whether an employee has eligible service. For service to be eligible, it must meet the following criteria:
- It must have been between March 28, 1989 and March 31, 1998;
- It must have been of an indeterminate, term, seasonal or casual nature;
- It must be in one of the eligible class codes;
- It must be the correct type of leave; and
- It must be with an eligible GNWT Department, Board or Agency.
It is important to note that not all types of service are eligible for payment (e.g. educational leave, deferred salary leave). However, certain types of leave such as maternity, adoption, and/or disability are eligible.
The parties to the June 25, 2002 settlement agreed to a methodology that provides an hourly adjustment for regular hours worked and does not include overtime.
If an employee was previously offered but did not accept an individual GNWT settlement agreement offer and that amount was higher than the entitlement under the terms of the June 25, 2002 settlement, the eligible employee will receive the higher of the two amounts.
If an employee did accept an individual GNWT settlement agreement offer, they may receive an additional entitlement under the terms of the June 25, 2002 settlement.
All equal pay payments will include principal and interest. The interest will be calculated using the agreed upon Canada Savings Bond rates for the year(s) being compensated. Statutory and other required deductions (see Payment Deduction section) will only be made from the principal portion of your equal pay payment.
Once all of the above has been done, a cheque will be issued and mailed to the employee.
Processes will be put in place should an employee wish to appeal the amount of the payment.
Appeals may only be based on disagreements over tenure. The adjustments amounts and or calculation process are not subject to appeal.
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Service To Be Included In Calculations
The type of service to be used to determine the compensation a person is entitled to includes:
- Indeterminate, term and/or seasonal service;
- Casual service;
- Maternity and/or adoption leave;
- Disability leave;
- Annual leave; and
- Sick leave with pay.
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Service Verification Information Requirements
There are four possibilities related to employee service verification:
- Employees who previously verified their eligible service and who do not have any additional service under the terms of the June 25, 2002 settlement.
These employees will receive, by mail, an Equal Pay Settlement Verification form that indicates they have no additional service.
- Employees who previously verified their eligible service and who do have some additional eligible service under the terms of June 25, 2002 settlement.
These employees will receive, by mail, an Equal Pay Settlement Service Verification form, which they must review, sign and return to the GNWT.
- Employees who have not previously verified any service and who do have eligible service under the terms of the
June 25, 2002 settlement.
These employees will receive, by mail, an Equal Pay Settlement Service Verification form, which they must review, sign and return to the GNWT.
- Employees who have eligible casual service under the terms of the June 25, 2002 settlement.
People who worked on a casual basis for an eligible GNWT Department, Board or Agency between March 28, 1989 and March 31, 1998 must contact and provide the GNWT with the following specific information related to their employment:
- Their first and surname while employed with the GNWT;
- Their Social Insurance Number;
- The name of the Department, Board or Agency where they were employed;
- The start and end dates of employment, if possible;
- The name of their position; and
- If possible, their class code.
Once this has been received, the GNWT will review its records and forward the employee a service verification package.
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