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MLAs concerned by new employment act

Erika Sherk
Northern News Services
Monday, June 11, 2007

YELLOWKNIFE - Unfortunately for anyone hoping for an extra day off work, there are no new statutory holidays included in the new Employment Standards Act so far.

The act was presented for public review Thursday by Employment Minister Charles Dent.

NNSL Photo/Graphic

MLAs including Dave Ramsay, front left, and Bill Braden expressed their concerns during a public review of a proposed Employment Standards Act. In the background sit research analyst Robert Collinson, left, and Calvin Pokiak, MLA for Nunakput. - Erika Sherk/NNSL photo

"The purpose is to modernize the statutory framework of employment standards in the NWT," said Dent in his overview of the legislation.

It will replace three statutes if passed - the Labour Standards Act, the Employment Agencies Act and the Wages Recovery Act.

Members of the committee for social programs and the committee for accountability and oversight raised questions at the review.

The greatest cause for concern among committee members was dispute resolution.

Jackson Lafferty, MLA for Monfwi, first raised the issue.

"There does not appear to be an automatic right to appeal," he said.

With the old legislation, if it was believed that an employee or employer had gone against regulations, it could be settled by a Labour Standards officer. If the person with the grievance didn't agree with the decision they could go to the Labour Board to have their complaint heard.

In the proposed act, the Labour Board would be replaced with adjudicators - one adjudicator per case, instead of the whole board.

However, with the old legislation, people could appeal decisions made by the board on issues of merit. With the new act, complainants won't be able to appeal decisions on merit - only on whether or not an adjudicator had overstepped their powers.

There is a right to appeal to the Supreme Court, Jackson was told, but the fact it could not be based on the case's merit was of concern to Range Lake MLA Sandy Lee, chair of the committee for social programs.

"It's a very, very limited right to appeal," she said. "I believe the new regime you are setting up is quite different from the first one."

Dent said their concerns would be considered.

A lighter moment came when Great Slave MLA Bill Braden brought up the fact there are no statutory holidays between Christmas and Easter.

"I hear the cry every first quarter," he said. "We have to wait for weeks and weeks and weeks."

He asked if anyone had brought up the idea of adding a new holiday.

"It's a gosh awful long haul," he said with a smile.

Unfortunately for those longing for another day off, Dent said the topic had not been raised in consultations for the act.

Braden conceded: "I'm not going to advocate at this point that it's something we should go after."

"It could be on someone's electoral platform," suggested Lee.

The bill will undergo further review and public hearings before it goes for a third reading in the legislative assembly.