1006 - Recoveries From Pay/Garnishment
- The Government may make recoveries from an employee's pay.
- These guidelines and procedures apply to all employees, except those employed by the NWT Power Corporation.
- Garnishment is withholding money in compliance with a legal order to pay the employee's debt to a third party.
- Recoveries may be made from an employee's pay for money owing to the Government for:
- over-payment of salary or wages;
- salary paid for unearned leave and absence without leave;
- loans, advances and allowances, such as:
- an advance for travel or removal expenses;
- an allowance to purchase and transport food if residing in an eligible community; or
- assistance to purchase tools.
- arrears on deductions from pay;
- rent arrears; and
- other debts collectible, including tenant damages to staff accommodations, under the Financial Administration Act or on authorization of the Comptroller General.
- For continuing employees in the Union of Northern Workers (UNW) or NWTTA bargaining units, no more than 10% of gross earnings per pay period may be deducted for recoveries.
- For managers and employees in the excluded group, the amount to be deducted per pay cheque will be 10% of the employee's gross earnings per pay period unless the Employer and Employee mutually arrange an alternative repayment schedule for recoveries. If the total amount outstanding is less than 10% of the employee's gross earnings per pay period, the full amount is deducted from one pay period.
- Recoveries are not subject to the limitations in #5, and #6 above in these cases:
- recovery for an absence without leave;
- collection of money owed to the Government upon termination of employment;
- recovery under garnishment, such as compliance with a court order;
- In addition, recoveries of monies owed as described in #4(c), (e) and (f) from employees in the UNW bargaining unit are not subject to the limitation in #5. These recoveries are made in full or as mutually arranged between the Employer and the employee.
- The Department of Human Resources, upon receipt of notification of money owing, starts recovery action.
Financial Administration Act
Main Collective Agreement with the UNW
Article 24.02 (5) (c) and (b), Pay
Article 44, Food Purchasing and Transportation Assistance
Collective Agreement with the NWTTA
Article A1.10 (1), Salary