Human Resource Manual Authorities Section 102 HUMAN RESOURCES AUTHORITIES

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1 PURPOSE INTRODUCTION Human Resource Manual Authorities Section 102 HUMAN RESOURCES AUTHORITIES 1. This section defines the authorities for human resources management functions in the public service of the Government of Nunavut (GN) and identifies which authorities have been delegated under the Public Service Act (PSA) to specific GN employees. APPLICATION 2. This section applies to all GN departments, Nunavut Arctic College, Nunavut Housing Corporation and the Office of the Legislative Assembly. 3. The attached chart identifies the major human resources management responsibilities in the Government of Nunavut. The chart shows the legal source (if applicable), legal authority, and delegated authority (if applicable) for each responsibility. 4. Authorities are: of of Heads Senior Managers Managers/Supervisors DEFINITIONS 5. Head is the of a GN department or the head of a board or agency. 6. is the of. 7. Senior Manager is an employee who occupies a position that involves management of significant financial resources, programs and personnel, and who reports directly to a Head. 8. Manager/Supervisor is an employee who occupies a position that involves management of staff and reports directly to a Senior Manager or Assistant. 1

2 PROVISIONS INTRODUCTION Human Resource Manual Authorities Section Under the PSA, certain responsibilities (powers, functions, duties) of the responsible for PSA can be delegated to specific GN employees. This enables decisions to be made as close to the working level as possible in order to maximize accountability, efficiency and responsiveness. 10. GN employees to whom authority has been delegated by the responsible for the PSA cannot delegate this authority to another person. 11. Pursuant to the PSA and its regulations, the cannot delegate the authority to: Make a Direct Appointment; Extend probation; Decide appeals of suspensions; and Decide third level grievances for excluded and senior management employees. 12. Certain authorities for specific human resources management functions have also been defined in the Public Service Regulations. The powers and functions in the Public Service Regulations cannot be delegated. 13. Employees must exercise their authority in a fair and consistent manner. They must respect the rights of individual employees and the needs of the public service. 14. Delegated authority must be provided to employees in writing. AUTHORITIES AND REFERENCES 15. Public Service Act 16. Interpretation Act 17. Public Service Regulations 2

3 CONTACTS INTRODUCTION Human Resource Manual Authorities Section For clarification or more information on this topic contact: Director, Corporate Policy Department of Iqaluit, Nunavut (867)

4 The Law indicates where authority lies and/or who the authority has been delegated to Red indicates the position(s) that will routinely carry out the responsibility on behalf of the Head Senior Manager / of STAFFING Request for Staffing (Job Action Request) Casual Staffing Action 4 months Extension of Casual Appointment > 4 months but 1 year Extension of Casual Appointment > 1 year Extension of Term Employment Change of Status from Term to Indeterminate PSA s. 16 PSA s. 16 (Health, CGS, NAC only) Reg. s. 5 Head Specific senior management positions in Health, CGS and NAC also have this authority None found Union support letter required for NEU positions None found N/A None found N/A Transfer Assignment None found N/A External Assignment (Includes Interchange Canada Agreement) None found N/A Direct Appointment PSA s. 18 approves upon recommendation of Executive Council ( upon recommendation of Executive Council) Direct appointments are evaluated by the Department of prior to Cabinet consideration. Evaluations are signed by the DM of. Page 1 of 8

5 The Law indicates where authority lies and/or who the authority has been delegated to Red indicates the position(s) that will routinely carry out the responsibility on behalf of the Head Senior Manager / of Lay-off Casual Employee Reg. s. 6 of Department Responsible for the PSA Lay-off - Indeterminate, Term, Seasonal or Parttime employees PSA s. 27 Job Offer (with the exception of Direct Appointments, which have to be recommended by Cabinet prior to extending a job offer) PSA s. 16 (President NAC) (DM of Health for nursing positions) (Clerk of the Legislative Assembly) Rejection on Probation PSA s. 21(1) Specific positions in FIN, NAC and Health also have this authority Reduce or Waive Probation PSA s. 20(4) Extend Probation Resignation - acceptance and withdraw PSA s. 20(5) and Reg. s.4 () PSA s. 25 Recommendation from Head must be reviewed by Page 2 of 8

6 The Law indicates where authority lies and/or who the authority has been delegated to Red indicates the position(s) that will routinely carry out the responsibility on behalf of the Head Senior Manager / of LEAVE AND ATTENDANCE Annual Leave Reg. ss None stated Sick Leave where employee has leave credits LWOP where employee does not have leave credits Reg. s. 25 Reg. s. 25 Immediate Supervisor Immediate Supervisor Advance of Sick Leave Reg. s. 29(1) Senior Manager Consult with Employee Relations Special Leave 5 days Reg. s. 31 Immediate Supervisor Special Leave > 5 days Reg. s. 32(1) Head Advance of Special Leave Reg. s. 32(3) Head Casual Leave None found N/A LWOP 6 months Reg. s. 39 Senior Manager LWOP > 6 months (except public service leave) LWOP to run for public office restricted employee Reg. s. 39 Head PSA s. 34(6) Page 3 of 8

7 The Law indicates where authority lies and/or who the authority has been delegated to Red indicates the position(s) that will routinely carry out the responsibility on behalf of the Head Senior Manager / of LWOP Relocation of Spouse up to 1 year LWOP Compassionate Care Leave Maternity or Parental Leave Medical Travel Leave 4 days None found N/A None found N/A None found N/A Reg. s Head Referral by a medical practitioner, nurse practitioner or nurse Injury on Duty Leave Reg. s. 38 Head Court Leave Reg. s. 35 Head Emergency Leave None found N/A Education Leave Reg. s. 33 Head Public Service Leave None found N/A Retiring Leave Reg. s. 36 None Stated HOURS OF WORK Flex hours / compressed hours None found N/A Page 4 of 8

8 The Law indicates where authority lies and/or who the authority has been delegated to Red indicates the position(s) that will routinely carry out the responsibility on behalf of the Head Senior Manager / of Job Sharing None found N/A Part-Time Employees Reg. 9 Head Holiday Designation Reg. s. 13 of Department Responsible for the PSA PAY Overtime Reg. s. 10 Immediate Supervisor Promotion Salary 25% Senior Manager Promotion Salary Reg. ss. 19(2) and 20(2) of Department Responsible for the PSA Reg. s. 20(1) Head Bilingual Bonus None found N/A Retroactive bilingual bonus requests must be submitted to the for approval Trainer's Allowance None found N/A Callback Pay, Reporting Pay, Shift Premiums and Standby Pay None found N/A Page 5 of 8

9 The Law indicates where authority lies and/or who the authority has been delegated to Red indicates the position(s) that will routinely carry out the responsibility on behalf of the Head Senior Manager / of Pay Increments Reg. s. 21 Immediate Supervisor Acting Pay Reg. s. 18(3) Head EMPLOYEE DISCIPLINE *Consult with Employee Relations Verbal Reprimand None found N/A Written Reprimand* None found N/A Suspension (with or PSA s. 29 Head without pay)* Demotion* PSA s. 29 Head Suspension with investigation* Demotion after Investigation* Dismissal after investigation* Dismissal Casual employees* PSA ss. 30 and 32 PSA s. 32(1)(a)(i) PSA s. 32(1)(a)(i) Reg. s. 6 of Department Responsible for the PSA Page 6 of 8

10 The Law indicates where authority lies and/or who the authority has been delegated to Red indicates the position(s) that will routinely carry out the responsibility on behalf of the Head Senior Manager / of Appeal of Suspension, Demotion or Reduction in Pay* PSA s. 29(2) () Abandonment of Position* PSA s. 26 This authority has been delegated to 2 individuals. Red indicates the position that will routinely carry out the responsibility on behalf of the. Grievance 1st Level for Excluded employees (incl. senior managers)* Grievance 2nd Level for Excluded employees (incl. senior managers)* Grievance 3rd Level for Excluded employees (incl. senior managers)* Grievances NEU employees* JOB EVALUATION Reg. s. 44 person designated by Reg. s 45 Head Reg. s. 46 () NEU Collective Agreement Job Descriptions and Job Evaluation Requests PSA s. 19(1) Page 7 of 8

11 The Law indicates where authority lies and/or who the authority has been delegated to Red indicates the position(s) that will routinely carry out the responsibility on behalf of the Head Senior Manager / of RELOCATION Relocation of employees on initial hire, transfer and termination TERMINATION None found N/A (President of NAC) (DM of Health for nursing positions) Specific positions in FIN, NAC and Health also have this authority Medical Termination None found N/A IMPORTANT NOTES The Public Service Regulations apply to every person employed in the public service. In accordance with s. 1.1(2), if there is an inconsistency between the Regulations and a Collective Agreement, the terms and conditions of the Collective Agreement prevail to the extent of the inconsistency. * If an employee obtains the authority by Regulation, this authority CANNOT BE FURTHER DELEGATED (sub-delegated) to another person A responsibility that is delegated by the responsible for the Public Service Act CANNOT BE FURTHER DELEGATED (sub-delegated) by the person receiving the authority. The must directly delegate the responsibility. refers to of The is an executive level Department of position that is responsible for human resources functions including employee relations, job evaluation and staffing Page 8 of 8