Debates of August 23, 2007 (day 16)

Thank you, Mr. Speaker. Mr. Speaker, my questions today, for the last time, are for the Minister of Human Resources, Minister Dent. At the rate the Members are leaving the Chamber, I might get you all to myself for one hour. Anyway, duty to accommodate. Mr. Speaker, in my Member’s statement today I raised a very important subject. Under the Human Rights Commission there is provision for the duty to accommodate. I want to know how does that right, how does that translate into any policy, procedure or actions on the part of this government? Thank you, Mr. Speaker.

Thank you, Mrs. Groenewegen. The honourable Minister responsible for Human Resources, Mr. Dent.

Return To Question 187-15(6): Human Resources Duty To Accommodate Policy

Thank you, Mr. Speaker. Under the human resource manual there is a clear definition of what is expected under the duty to accommodate and it is up to supervisors to work with employees to make sure that duty is actually delivered.

Thank you, Mr. Dent. Supplementary, Mrs. Groenewegen.

Supplementary To Question 187-15(6): Human Resources Duty To Accommodate Policy

Thank you, Mr. Speaker. So there is a human resource management policy in the GNWT which speaks specifically to the duty to accommodate. Does that policy reflect what it says in the human rights duty to accommodate policy? Thank you.

Thank you, Mrs. Groenewegen. Mr. Dent.

Further Return To Question 187-15(6): Human Resources Duty To Accommodate Policy

Thank you, Mr. Speaker. I don’t know whether or not it reflects what our human rights legislation says in terms of what is in our policy. It does refer to the human rights legislation and it says that the employers' obligation to accommodate stems from the human rights legislation. So it does refer to it and it says that it must reflect it. So we have a duty to accommodate our employees for their disabilities and if that’s not happening, then clearly we would have an obligation to do that.

Thank you, Mr. Dent. Supplementary, Mrs. Groenewegen.

Supplementary To Question 187-15(6): Human Resources Duty To Accommodate Policy

Thank you, Mr. Speaker. The duty to accommodate, a guide to employers, actually extends beyond accommodating that employee who may have a condition or a disability. People cannot be discriminated against on the basis of family status and if the employee of the GNWT has an obligation to provide care to a family member that might preclude them, for example, from working a night shift in an institution or in a workplace, then by extension that duty to accommodate goes to that employee in their obligation to their family member. That is what I’d like to determine, if this government adheres to that concept and that belief. Thank you.

Thank you, Mrs. Groenewegen. Mr. Dent.

Further Return To Question 187-15(6): Human Resources Duty To Accommodate Policy

Thank you, Mr. Speaker. Our policy refers only to the employees themselves. So according to our policy, the duty to accommodate wouldn’t automatically extend to another family member. However, the government does have in its human resource policies the opportunity for flex time and, depending on operational requirements, the supervisors are able to work with employees and, if their operation will allow it, can…We can see employees are given different shifts or different hours in order to accommodate. So that is something that is already accommodated in our policies, but it has to depend on the operation and the operational needs of each unit. It’s something that can be negotiated between the supervisor and the employee. Thank you, Mr. Speaker.

Thank you, Mr. Dent. Final supplementary, Mrs. Groenewegen.

Supplementary To Question 187-15(6): Human Resources Duty To Accommodate Policy

Thank you, Mr. Speaker. I think that the policy of the Human Resources department of the GNWT has to go far enough so that it does accommodate the member of the family that that employee has an obligation to care for. It sounds like there is a lot of discretionary latitude in that policy that the Minister is referring to. That can be a good thing or it can be a bad thing. I would like to ask the Minister if he feels that supervisors and managers are adequately orientated to this particular policy and that they are equipped with the tools that they need to make a decision to accommodate an employee who must care for a family member who has a disability. Thank you.

Thank you, Mrs. Groenewegen. Mr. Dent.

Further Return To Question 187-15(6): Human Resources Duty To Accommodate Policy

Thank you, Mr. Speaker. As I said, our policy speaks only to the duty to accommodate the employee and not the employee’s family. Certainly we do have the opportunity, with the flexibility in the policies, for supervisors to recognize employee needs where they are able to accommodate. I’d be quite happy to ensure that the Department of Human Resources offers training sessions throughout the course of the next year to supervisors to make sure that they’re aware of the requirements in the duty to accommodate and to also ensure that there’s some discussion with supervisors around applicability of flex time. Thank you.