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FOR IMMEDIATE RELEASE
June 25, 2002
YELLOWKNIFE – The Honourable Joe Handley, the Minister Responsible for the GNWT Public Service, Nycole Turmel, National President of the Public Service Alliance of Canada (PSAC) and Anne Adams, Acting Chief Commissioner of the Canadian Human Rights Commission (CHRC), today announced a settlement has been reached in the equal pay for work of equal value pay dispute filed against the GNWT by the PSAC in 1989.
The negotiated settlement respects and protects the rights of former and current GNWT unionized employees and addresses the legal and financial concerns of the three parties.
The settlement, to be shared by thousands of eligible current and former unionized indeterminate, term and casual employees, is valued at $ 50 million. Compensation eligibility will be based on a person’s position and length of service in a variety of female dominated occupational groups that existed in various GNWT Departments, Boards and Agencies between March 28, 1989 and March 31, 1998.
"This is a fair and equitable settlement", said the Minister. "It respects the rights of our employees, it effectively and efficiently ends years of potential legal processes and financial uncertainty for employees, taxpayers and the government, and it allows us to now focus our energies on building a strong public service to deliver programs and services to Northerners."
"Once again, our determination and perseverance in the fight for equal pay for work of equal value has paid off. With this agreement, the work of all of our members employed by the GNWT has been recognized.
It is a tremendous achievement for all concerned", said PSAC National President, Nycole Turmel.Anne Adams, Acting Chief Commissioner of the CHRC, welcomed the result, noting that the Commission had been instrumental in assisting the Union and the GNWT to reach an agreement. "It is in everyone’s interest to end this lengthy litigation. Settlements like this help to close the wage gap between men and women."
Of the total $ 50 million, some $ 23 million has already been distributed to 4,300 unionized current and past GNWT employees.
The Canadian Human Rights Tribunal officially approved the terms of the settlement on June 25, 2002 with the issuance of a Consent Order. The Consent Order acknowledges the settlement meets all the requirements of the Canadian Human Rights Act and thus brings the complaint process to an end.
The first compensation payments will be mailed out in December 2002. The process of compensating eligible employees will be completed by December 31, 2004.
The GNWT will undertake a publicity campaign to inform people of the agreement and how it might affect them.
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Media Contacts:
Shaleen Woodward, Manager, Equal Pay, Labour Relations & Compensation, Financial Management Board Secretariat, Government of the Northwest Territories (867) 873 - 7502
Nycole Turmel, PSAC National President, (613) 560-4330
Georgina Rolt-Kaiser, President, Union of Northern Workers, (867) 873-5668, Extension 226
Doug Workman, President, Nunavut Employees Union, (867) 979-4209
Catherine Barratt, Senior Advisor, Media and External Relations, Human Rights Promotion Branch, Canadian Human Rights Commission, (613) 943-9119
Attachment – Background Information
(2 pages attached)28-250602
Media Backgrounder
History
In 1989 the Public Service Alliance of Canada (PSAC) filed an equal pay for work of equal value complaint against the Government of the Northwest Territories (GNWT).
The complaint alleged that the GNWT had breached Section 11 of the Canadian Human Rights Act by paying employees working in female-dominated occupational groups less than those employees working in male-dominated occupational groups performing work of equal value.
The complaint covered a variety of employees affected by the GNWT – Union of Northern Workers collective agreement.
Following the completion of a joint equal pay study, the GNWT and the PSAC attempted without success to reach a negotiated settlement. The Canadian Human Rights Commission (CHRC)was later asked to resume its investigation of the issue and recommend a course of action. The Commission referred the complaint to the Canadian Human Rights Tribunal for resolution in 1998.
The Tribunal is an independent body responsible for adjudicating complaints referred to it by the Canadian Human Rights Commission. The Commission refers a complaint to the Tribunal when it believes further inquiry into a human rights complaint is warranted.
The Tribunal began hearing evidence in June 1999 in Yellowknife. By early 2002, after over 100 days of hearing, the PSAC and the CHRC had presented most of their evidence and the GNWT was preparing to commence its defence.
While the Tribunal process proceeded, the two parties, with the assistance of the Canadian Human Rights Commission, continued their efforts to reach a negotiated settlement. These efforts were rewarded in June 2002 with the achievement of an agreement.
The Canadian Human Rights Tribunal officially approved the terms of the agreement on June 25, 2002 with the issuance of a Consent Order. The Consent Order acknowledges the settlement meets all the requirements of the Canadian Human Rights Act and thus brings the complaint process to an end.
Agreement Highlights
The agreement will provide compensation to thousands of full-time, part-time and casual employees who worked in a variety of female dominated occupational groups between March 28, 1989 and March 31st, 1998.
Compensation will be based on the employee’s length of employment in an eligible female dominated occupational group – see attached list.
Some term and indeterminate employees in female-dominated occupational groups, who were previously ineligible to receive an individual settlement offer will now receive compensation.
Casual employees in eligible female-dominated occupational groups will also receive compensation.
Certain periods of time such as that spent on maternity or disability leave are now eligible for compensation.
The total compensation package for unionized employees is valued at $50 million. Approximately $ 46.5 million has been designated to compensate indeterminate and term unionized employees and the remainder has been designated to compensate casual employees.
Approximately $ 23 million of the $ 50 million has already been paid to unionized employees through individual settlement offers.
Compensation will include both principal and interest.
Any employee who has service in an eligible female class code during the retro period and who did not accept a previous offer to settle will not be prejudiced by this settlement.
Both those who accepted or did not accept an individual will be treated equally.
Individuals must contact the GNWT by December 31, 2004 in order to be eligible for a payment.
An information package will be sent out to all eligible indeterminate and term employees for whom the GNWT has an address. All other employees, especially casuals will have to contact the GNWT by December 31, 2004.
The GNWT will undertake a publicity campaign to inform people of the agreement and how it might affect them.
Next Actions
To ensure the settlement agreement is implemented as quickly as possible, the GNWT will, over the next several months:
- Inform eligible term and indeterminate employees of the settlement;
- Establish various means (phone, e-mail, fax, internet, toll-fee number, etc) by which individuals can contact the GNWT to learn more about both the settlement package and what will be required to ensure proper compensation;
- Begin the process of verifying service for those who did not previously sign an individual settlement agreement;
- Verify newly eligible service for those who previously accepted an individual settlement offer;
- Ask casual employees to provide us with information related to their specific service record; and
- Ensure individuals are compensated in a timely and efficient manner.
All individuals must contact the GNWT by December 31, 2004 in order to be eligible for a payment.