Debates of June 4, 2021 (day 80)

Date
June
4
2021
Session
19th Assembly, 2nd Session
Day
80
Members Present
Hon. Diane Archie, Hon. Frederick Blake Jr., Mr. Bonnetrouge, Hon. Paulie Chinna, Ms. Cleveland, Hon. Caroline Cochrane, Hon. Julie Green, Mr. Jacobson, Mr. Johnson, Mr. Lafferty, Ms. Martselos, Ms. Nokleby, Mr. O'Reilly, Ms. Semmler, Hon. R.J. Simpson, Hon. Shane Thompson, Hon. Caroline Wawzonek
Topics
Statements

Oral Question 769-19(2): Staffing Appeal Process

Thank you, Mr. Speaker. My questions today are for the Minister of Finance. I want to begin by focusing on the staffing appeals process. And I've read the staffing appeals process guidelines a couple times, and as far as I can tell, they are so narrow that the vast majority of applicants don't even have access to an appeal. So my first question is, what percentage of people who apply on GNWT jobs are eligible for an appeal? Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Member for Yellowknife North. Minister responsible for Finance.

Thank you, Mr. Speaker. Mr. Speaker, I think I've heard what percentage of people who apply. Mr. Speaker, I can say any employees of the GNWT who apply would certainly be eligible to file an appeal. So there's a hundred percent of someone who's already an employee. Obviously not everyone would necessarily selfdisclosed as being an employee at the time that they make an appeal or make an application. Similarly, Mr. Speaker, anyone who has staffing priority under the Affirmative Action Policy also has a right of appeal. And, again, it's not necessarily obvious that everyone would selfidentify as being a candidate under the Affirmative Action Policy. So it's difficult to necessarily to say exactly the percentage ofapplicants who would necessarily have that right of appeal if they aren't selfidentifying as such.

What I can say as well, though, Mr. Speaker, in 2021, 16.5 percent of all applicants who applied on positions with the GNWT's, to our knowledge, were eligible to appeal. Just knowing that there's some limitation depending on people's selfdisclosure. Thank you, Mr. Speaker.

Thank you, Mr. Speaker. So of those 16.5 percent of people who applied for GNWT jobs who were eligible to appeal, when I look and try to figure out exactly what the grounds of an appeal could be or within the process, I have a hard time let alone those people who just didn't get a job, Mr. Speaker. So my question for the Minister of Finance is what information is provided to an unsuccessful candidate who would be eligible for appeal, at 16.5 percent, to help them formulate and understand the grounds of an appeal. Thank you, Mr. Speaker.

Thank you, Mr. Speaker. So, Mr. Speaker, an unsuccessful candidate eligible for appeal is able  would be provided with the staffing appeals information guide, the staffing appeals brochure, and the staffing appeals application. Mr. Speaker, I wanted to note while I wasn't here back in 2018, at the time then standing committee had provided some recommendations to the Department of Finance to improve those materials, and I understand in some inquiries here that indeed some materials have been made more plain language and there has been an effort to at least  to improve the nature of the information that's being provided to those eligible to lodge an appeal. Thank you, Mr. Speaker.

Thank you, Mr. Speaker. Yes, and the Minister is correct. In 2018, the Standing Committee on Government Operations recommended that some plain language documents would be provided. And I'm glad to hear that committee recommendation has been followed through with. So thank you to the department for that.

Mr. Speaker, when I was looking for the last major analysis on the GNWT's human resources practices, I had to go back 20 years to Grant Thorne, a law office, and the consultants then found that the appeal process is perceived as not conducive to an independent and fair hearing and it leads to a finding  and it does not lead to a finding of greater openness, transparency or independence. Mr. Speaker, I tend to agree with that 20yearold analysis of our staffing appeals process. And to my view, not much has changed.

My question for the Minister of Finance is has the GNWT ever had its process independently reviewed to determine if it is procedurally fair? Thank you, Mr. Speaker.

Thank you, Mr. Speaker. Mr. Speaker, in hearing the Member's statement, I have been trying to go back to just see if, in fact, something has happened. Obviously, I have not been here for a particularly long time. To my best knowledge, I don't know that there's been a recent complete overall or complete review of the process of human resources. Certainly, part of the work that's happening right now with respect to the Indigenous recruitment retention framework as a significant framework that's meant to apply to all departments and be a major part of human resources work, that that doesn't entail and involve a review of the processes of human resources to ensure that some of the  some of the tension points and pinch points that I know the Member has already raised do not become barriers and are not barriers. So, again  and although I'm not  and I will say too, though, that the appeals process does involve staffing review officers who are independent from the human resources team. So, you know, while again simply put, no, there's not been a thorough or complete review in my time or in my recent awareness. There are some efforts underway to continually improve that process, the human resources process. Thank you, Mr. Speaker.

Thank you, Mr. Speaker. In the 20192020, the most recent public service annual report, 82 of the 82 appeals that were filed were denied, Mr. Speaker. Previously, the department has used this to say there's no problems with the staffing process; it's working out just fine; all the appeals, you know, are denied. Mr. Speaker, I would say that this is a fundamental problem with the appeals process in  and people are giving up hope on appealing if there's no hope of actually being successful, regardless of whether an independent officer is reviewing it.

So furthermore, Mr. Speaker, the end of the appeals process is sometimes, you know, the job competition goes out, sometimes it's just even if you are successful, a notation that, you know, perhaps some processes were not followed. I actually am not aware of anyone who is  after going through a successful appeal, which there were none last year, been offered the job.

So my question for the Minister of Finance, has anyone who has ever appealed a decision actually been after  actually been offered the job once appealed? Thank you, Mr. Speaker.

Thank you, Mr. Speaker. Mr. Speaker, I don't have the complete history of all hiring. I can say in 20172018, and I suspect the Member has this information already, as it went through to the last committee review. But that it was at around 1 percent and that 20182019, again, that it was five of 71 where the appeals were upheld. As far whether those individuals go on to get employment or choose to get employment or choose to seek further employment with the government, I can't say. That's not necessarily a stat that would even be possible to garner, again not knowing whether or not the individual themselves may want to selfidentify.

But, Mr. Speaker, you know, I certainly don't take the view that just because we've had, you know, no successful appeals means that the process itself is perfect. I've certainly dealt with many questions in the House over the last year and a half about human resources and certainly get a lots of inquiries to my office about the work of human resources. There is a lot going on right now in human resources to ensure that it is modern, to ensure that it is responsive, to ensure that it is contextual to the Northwest Territories and to the fact that we are a 50 percent Indigenous Canadian community in the Northwest Territories. So I appreciate the Member's opening remarks, acknowledging that there's good people doing work. There are good people doing work. And there is always room for improvement, and we're getting there. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Minister. Oral questions. Member for Kam Lake.