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0502d - Casual Employment

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Contents

Introduction

  1. The Government employs individuals on a casual basis to complete work of a temporary nature.

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Application

  1. These guidelines and procedures apply to all departments, boards and agencies.

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Definitions

  1. Continuous service for a casual employee means service with the Government, including employment periods with different departments, not broken by more than thirty working days. This means that if an employee has a break of exactly thirty working days, they do not have a break in service.
  2. A Casual is an employee hired for a period of four months of less to do work of a temporary nature.
  3. Indigenous Aboriginal Person means those persons who are descendants of the Dene, Inuit or Metis people, indigenous to the present boundaries of the Northwest Territories and includes any aboriginal persons resident at birth pursuant to Section 7.1 of the Vital Statistics Act and any Canadian aboriginal persons who have lived more than half of their lives in the Northwest Territories.
  4. Indigenous Non-Aboriginal Person is a non-aboriginal person born in the NWT or who has lived more than half of their life in the Northwest Territories.
  5. On-call casuals are employees asked to work on an as and when required basis.
  6. On-site casuals are casual employees hired outside the three headquarters offices of Yellowknife, Inuvik and Fort Smith.
  7. Casual/term employees are casuals whose continuous service exceeds four months and who, by virtue of this, is entitled to all of the relevant provisions of the collective agreement.
  8. Continuous Service for a casual/term means:
    1. Uninterrupted employment with the Government of the Northwest Territories;
    2. Prior service in the Public Service of the Government of Canada providing an employee was recruited or transferred from the Public Service prior to June 20, 1972, or providing he/she was recruited or transferred within three (3) months of terminating his/her previous employment with such government; except where a function of the Federal Government is transferred to the Northwest Territories Government;
    3. Prior service with the municipalities and hamlets of the Northwest Territories providing he/she was recruited or transferred within three (3) months of terminating his/her previous employment; and
    4. Where an employee other than a casual ceases to be employed for a reason other than dismissal, abandonment of position or rejection on probation, and is re-employed within a period of three months, his/her periods of employment for purposes of Superannuation, sick leave, severance pay, vacation leave and vacation travel benefits shall be considered as continuous employment in the Public Service.
  9. Point of Hire is identified on the staffing documentation forms at the time of hiring for all on-site casuals. An on-site casual required to work at locations other than the point of hire is entitled to duty travel benefits. Northern allowance benefits apply to the point of hire and do not change if work locations change. Approved staffing documentation forms are required to change the point of hire.
  10. Resident means a person who has lived in the Northwest Territories for at least one year immediately prior to applying and who now resides in the Northwest Territories.
  11. Student means any person who ordinarily lives in the Northwest Territories and:
    1. who is attending a post-secondary institution and will return in the fall;
    2. who is graduating from a post-secondary institution;
    3. who decides to return to school and provides proof of registration in a post-secondary institution; or
    4. who is enrolled in or graduating from high school.

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Guidelines

  1. Casual employees are generally hired for a specific period of employment to do work of a temporary nature. For example, casuals work on special projects or act as emergency replacements for employees on leave.
  2. The Employer is required to consult with the UNW before a former casual employee is rehired in a particular division if that former casual employee had worked in that division as a casual employee performing the same duties at any time within the 30 working days immediately preceding the date of rehire.
  3. The hiring of a casual is planned in advance, based on anticipated workload, staff absences and/or resignations, and the planning of special projects.
  4. Casual employment may be used to provide temporary opportunities for individuals living in the Northwest Territories requiring work experience prior to obtaining indeterminate employment.
  5. A casual employee is not a seasonal, term or indeterminate employee.
  6. The Government is committed to hiring candidates for casual and casual/term employment opportunities, using the system set out in the Affirmative Action Policy. Hiring preference for the period of September 1 to April 30 is:
    1. Management or Non-Traditional Occupations:
      Priority 1: Indigenous Aboriginal Persons
      Priority 2: Resident Women
      Priority 3: Indigenous Non-Aboriginal Persons or Resident Disabled Persons
      Priority 4: All Other Applicants
    2. All Other Positions:
      Priority 1: Indigenous Aboriginal Persons
      Priority 2: Indigenous Non-Aboriginal Persons or Resident Disabled Persons
      Priority 3: All Other Applicants
    The Government is committed to assisting students in securing summer employment. From May 1 to August 31, students will be given higher priority than non-students registered in the same category (i.e., an indigenous aboriginal student would have higher priority than an indigenous aboriginal who is not a student.)
  1. A supervisor may request a specific individual by attaching a note to the staffing documentation forms. However, the department’s casual applicant inventory must be reviewed to confirm that affirmative action has been considered and that there are no other qualified applicants of higher priority registered for casual employment.
  2. Only when affirmative action referrals have been exhausted, or the available target group members are not suitable for the job opening, may a non-affirmative action applicant be hired.
  3. Individuals wishing to be considered for Casual Employment register with each department for whom they would like to work by providing a resume to the department’s Human Resource Sections, or if in a community other than Yellowknife, directly to the possible places of employment.
  4. A casual is paid at the casual pay range unless their continuous service results in their being considered a casual/term employee.

Approvals/Extensions

  1. An extension of casual employment over four months results in the employee being hired as a casual/term employee.
  2. An extension beyond six (6) months with the same department requires the approval of the Deputy Head of the employing department.
  3. Casual employment must not exceed a continuous period of one year. A one-day break must be given. This will not constitute a break in service. Consultation with the UNW is required before a former casual employee is rehired within 30 working days to perform the same duties in the same division.

Benefits

  1. A casual employee is entitled to the following benefits from the beginning of their employment:
    1. sick leave;
    2. special leave;
    3. holiday pay at a rate of six percent of salary paid on each cheque;
    4. Northern Allowance.

    Specific rules for each benefit are found in the Allowance and Benefits section in this Manual.

  2. A casual employee who has continuous employment of 15 calendar days is eligible for designated paid holidays, if the casual worked both the work day before and the work day after the designated holiday.
  3. A casual/term employee is eligible for Medical Travel Assistance from the date the casual is approved for more than four months of continuous employment. The date used to determine this is the earlier of two dates on the staff requisition:
    1. the start date; or
    2. the approval date of an extension.
  4. A casual employee who becomes a casual/term by virtue of the fact that their continuous service exceeds four months is entitled to all provisions of the Collective Agreement.
  5. A casual employee who moves directly with no break in service of more than three months or less from a casual position to term or indeterminate position keeps their leave credits earned as a casual.
  6. A casual employee who moves from one casual position to another within the Government carries all annual, sick and special leave credits to the new position providing there is no break in service of more than thirty working days.
  7. A copy of the casual evaluation form should be provided to the casual prior to termination.
  8. Under no circumstances should a casual or casual/term employee be laid off or not extended, where there is additional work to be done, solely to avoid paying that individual benefits to which he or she might otherwise become entitled to.

Termination

  1. Casual employees shall not be laid off except in accordance with the provision of the Collective Agreement.
  2. A request for termination of employment for reasons of misconduct or incompetence is sent to the Deputy Head of the hiring department, via the Human Resources Section, for approval.

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Procedures

  1. The supervisor completes the appropriate staffing request and authorization forms providing a statement of duties, the period of employment and the qualifications required. The supervisor also completes the pay range, hourly wage or hourly settlement boxes.
  2. The appropriate delegated authority signs the form and forwards it to the department’s Human Resource Section.
  3. The department’s Human Resource Section reviews and assesses the duties to be performed along with the required qualifications and confirms the appropriate pay range in consultation with the employing division.
  4. Applying affirmative action criteria, the department’s Human Resource Section selects suitable candidates for casual employment and forwards the applications to the supervisor.
  5. The supervisor interviews the candidates, making a final selection.
  6. Before the staffing documentation forms are completed, the department’s human resources practitioner must:
    1. check the Government Human Resource System for any previous employment record;
    2. if the candidate has worked for the Government before, request that the employee's leave file be forwarded from the last employing department;
    3. adjust the continuous service date by any breaks of more than thirty working days;
    4. determine the employee's eligibility for benefits.
  7. The department’s Human Resource Section completes the staffing documentation forms and either enters the casual staffing information into PeopleSoft or forward the documentation to Regional FMBS for entry. The department’s staffing practitioner retains the copy of the staffing documentation for the employee's casual file.
  8. Upon receipt of the completed staffing documentation forms, the hiring division has the successful candidate sign the appropriate document accepting the job offer. The candidate retains a copy and one is returned to the Human Resource Section or regional FMBS office as may be appropriate.
  9. Upon approval of an employment extension, which extends continuous service beyond six months, the department’s Human Resource Section or Regional FMBS as is appropriate, reviews the employee’s file to determine eligibility for benefits. If the employee is eligible for benefits, the Human Resource Section or regional FMBS as is appropriate, sets up a benefits file for the employee and arranges a documentation session. More information on documentation can be found in Section 201 of this Manual.
  10. If at any time during the casual employee's period of employment concerns (i.e. performance, attendance, attitude and/or ability) arise, the department’s Human Resource Section should be notified immediately to ensure the appropriate action is taken. It is also the supervisor's responsibility to discuss these concerns with the employee.
  11. At the end of a casual employee's employment period, the following is kept by the department:
    1. completed casual evaluation form;
    2. completed clearance form;the casual's leave and attendance file.
  12. The department’s Human Resource Staff or regional FMBS as is appropriate, audits the leave file and enters the clearance information into HRIS.

On-Call Casuals

  1. On call casuals or casual/terms may be hired to work when required but are generally not scheduled to work on other than a “call in” or emergency basis.
  2. Continuous service for an on call casual or casual/term, includes the period of time from which they were first hired up to and including the final day of their employment regardless of the frequency or duration of work that occurs between those dates.
  3. Where a number of on-call casuals or casual/terms are hired to carry out the same work, their names shall be placed on a list available to the supervisors with responsibility for authorizing work for the employees in question. This list shall clearly indicate the affirmative action priority of the employees.
  4. When the need for a casual is identified, individuals on the casual list who qualify as priority one candidates under the affirmative action policy are contacted first.
  5. If priority one candidates are not available, priority two candidates will then be called and the procedure will be continued until an individual is found who is available to work.

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Authorities and References

Main Collective Agreement with the UNW
Appendix A5, Casual Employees


Superannuation Administration Manual
Chapter 2.4, Pension


Superannuation Insurances Manual
Chapter 2.4, PSHCP
Chapter 3.2, DI
Chapter 4.2, PSMIP
Chapter 4.8, LTD

 

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