Debates of June 13, 2012 (day 15)

Date
June
13
2012
Session
17th Assembly, 3rd Session
Day
15
Speaker
Members Present
Hon. Glen Abernethy, Hon. Tom Beaulieu, Ms. Bisaro, Mr. Blake, Mr. Bouchard, Mr. Bromley, Mr. Dolynny, Mrs. Groenewegen, Mr. Hawkins, Hon. Jackie Jacobson, Hon. Jackson Lafferty, Hon. Bob McLeod, Hon. Robert McLeod, Mr. Menicoche, Hon. Michael Miltenberger, Mr. Moses, Mr. Nadli, Hon. David Ramsay, Mr. Yakeleya
Topics
Statements

QUESTION 139-17(3): SUPPORT FOR EMPLOYMENT STANDARDS OFFICERS

Wow. Thank you, Mr. Speaker. In my Member’s statement today I was referring to the fact that territorial laws often create statutory officers. They become decision-makers. These are individuals who are responsible for the administration of very important pieces of legislation, and they have far-reaching decision-making authorities such as employment standards, I pointed out, and in particular, we have other things such as the Legal Services Act creates the legal services board, and it goes on and on and on.

My question, though, is around ECE and, of course, the employment standards officer, so I’ll be directing my questions to the Minister of ECE. My first question for him today is: Are these appointments that we make under the Employment Standards Act to establish the employment standards officers to make these decisions, do we provide them with basic law training prior to them sitting in a decision-making capacity to write rulings? Thank you.

Speaker: MR. SPEAKER

Thank you, Mr. Hawkins. The Minister responsible for Education, Culture and Employment, Mr. Lafferty.

Mahsi, Mr. Speaker. The principle function of the employment standards officer is to administer the Employment Standards Act. The act sets out general rights and responsibilities and minimal requirements, fundamental principles of employment standards. The act also covers such areas of work, minimum wage, termination of employment, annual vacation, statutory holidays, pregnancy and parental leave. Those fall under the act, so it’s up to the officer to follow through according to the act. Mahsi.

I appreciate the Minister providing a bit of an outline where they do their business, but it’s a matter of them being able to do their business is really what I’m after. Back to the training question, do we provide any training or mentoring for them as they make these very important decisions? Do we get behind them with special reference material to help them guide and make clear and honourable decisions in their process? Thank you.

I don’t have the specifics of the duty outline and what the Member is referring to on the training aspects, but I can definitely provide that information in detail to the Members. Mahsi.

Part of the training question that I’d like to ask at the same time, is does his department offer any ongoing training. As many people know, there are types of mediation training such as decision-writing training and these are the types of the capacities. Does his department support these statutory officers with that type of support mechanism, again, to ensure they’re making clear and good decisions? Thank you.

Yes, we definitely support those individuals in those kinds of capacity to have up-to-date experience and training requirements. We continue to provide that training, whether it be the statutory officers, or whether it be the employment standards officers, and provide them as up-to-date information as we possibly can through the training. Mahsi.

Speaker: MR. SPEAKER

Thank you, Mr. Lafferty. Your final, short supplementary, Mr. Hawkins.

Thank you, Mr. Speaker. Quite often I only hear from people who are unhappy with a particular decision or, certainly, the guidance provided by this specific office, and I’ve heard about many offices, I just had to pick one because we don’t have all day. When decisions are appealed, taken to court, it’s quite expensive and it’s a very painful process. What type of monitoring does the Department of ECE do on both the decisions made, reaffirmed by the court, and the subjects why people have taken them to the process of appeal? Does the Department of ECE ever examine and consider some of the issues raised when people are appealing decisions? Thank you.

We do work closely with the employment standards officers. We have to make sure that they’re following the act. If an individual or a party is not satisfied with the decisions that are being made, there is an appeal process, as the Member alluded to. The employment standards appeal, adjudicators hear appeals by employers or employees who are not satisfied with the decision of the employment standards officers. There is a process that’s been established and we continue to work with that as well. Mahsi.

Speaker: MR. SPEAKER

Thank you, Mr. Lafferty. The Member for Hay River South, Mrs. Groenewegen.