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1408 - Transfer Assignments

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Contents

Introduction

  1. A transfer assignment provides an opportunity for an employee to gain a broader range of work experience, and therefore have knowledge and skills to meet the changing demands of the work environment. It also provides an opportunity for Departments to make use of an employee's expertise. This is done by providing short-term assignments for employees in their home Department, or another location within the Public Service.

Application

  1. These guidelines and procedures apply to all Departments and Agencies, except the NWT Power Corporation.

Definitions

  1. Department: Any Department or Agency of the Government of the Northwest Territories (GNWT) whose employees are public servants under the Public Service Act.
  2. Deputy Head: Any deputy minister of a department, superintendent of a divisional education council, chief executive officer or president of an authority or agency, or any such person as may be appointed as a deputy head.
  3. Indigenous: Has the meaning assigned by the definition of aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982.
  4. Transfer Assignment: A binding contract for the temporary redeployment of an employee. The document specifies the terms of the agreement between the Employing Department, the Receiving Department (if applicable) and the Transferee.
  5. Departmental Transfer: The temporary redeployment of an employee within the same Department
  6. Interdepartmental Transfer: The temporary redeployment of an employee from one Department to another Department.
  7. Transferee: The employee who is redeployed under the terms and conditions of a formal transfer assignment.
  8. Employing Department: The Department where the employee is employed before commencing the transfer.
  9. Receiving Department: The Department where the transferee will be working during the assignment.
  10. Developmental Plan: A document that details the objectives and methods by which the employee will enhance their knowledge, skills and abilities through the transfer assignment.

Guidelines

  1. The Public Service Act Regulations require that selection of employees for promotion or transfer be based on merit, with a view to developing a public service staffed by competent, well-qualified employees.
  2. As outlined in the Indigenous Employment Policy, preference in hiring into and for movement within the public service will be afforded to individuals who are Indigenous, with priority among this group afforded to Indigenous peoples who are recognized members and descendent of a First Nations, Métis, or Inuit people indigenous to the present boundaries of the Northwest Territories, and second priority afforded to Indigenous peoples who are recognized members and descendent of a First Nations, Métis, or Inuit people indigenous to areas of Canada outside of the present boundaries of the NWT, over all other candidates.
  3. The merit principle applies in determining suitability for any transfer assignment opportunity.
  4. Transfer assignments are used to:
    1. Meet immediate operational requirements;
    2. Contribute to an employee's career development;
    3. Redeploy an affected employee;
    4. Address unique human resource considerations; or
    5. Cover acting periods greater than six weeks.
  5. Transfer assignments are available to employees who have indeterminate or term positions.
  6. The Department of Finance is responsible for providing advice on, coordinating and processing all transfer assignments.
  7. An employee interested in a transfer assignment opportunity should discuss the possibility of a transfer assignment with their supervisor.  Approval for a transfer assignment opportunity is subject to operational requirements and may be refused for operational reasons.
  8. An indeterminate employee may apply on a term position via competition and request a transfer assignment.
  9. The Deputy Head of the Employing Department is the approval authority for all departmental transfers unless the authority has been delegated to Assistant Deputy Heads.
  10. Deputy Heads of the Employing and Receiving Department are the approval authority for all interdepartmental transfers unless the authority has been delegated to Assistant Deputy Heads.
  11. Departments seeking a transfer assignment for an employee who is not Indigenous must request and receive approval from the Deputy Head for departmental transfers and from the Deputy Head of the receiving department for interdepartmental transfers. The transfer assignment request must explain: 
    1. the conditions that preclude the department from staffing the position through a staffing competition; 
    2. all measures taken to identify an Indigenous employee for the transfer assignment opportunity;
    3. the rationale for offering the transfer assignment opportunity to the employee proposed; and
    4. succession planning actions that the department will undertake to ensure Indigenous persons receive priority in future Internal Career Advancement and Mobility Opportunities within the department.
  12. An extension of the term of a transfer assignment requires mutual consent of all parties to the agreement.
  13. Open competitions for term or indeterminate appointments that offer a transfer opportunity to GNWT employees will adhere to the staffing guidelines and are subject to the Staffing Appeals Regulations.
  14. The duration of a transfer assignment done through open competition, including extensions, shall not exceed three years and must comply with the terms and conditions of employment. The delegated approval authorities of the Receiving and Employing Departments may extend the transfer assignment by one year through mutual agreement of all parties.
  15. The Receiving Department assumes the full costs associated with the transfer. These include, but are not limited to, paying the moving expenses of the transferee to the assignment location and back to the permanent place of employment, duty travel expenses, salary, benefits and any other costs associated with the transfer. Some exceptions may occur, contact your Human Resource Representative to discuss. 
  16. The Employing Department guarantees that upon completion of the transfer assignment, the transferee’s home position will be available to them. Any increases or increments in pay that would have occurred while the transferee was on the assignment will be applied. 
  17. An employee in a term position, who is approved for a transfer assignment, must be extended (if required) in their home position in the Employing Department for the duration of the transfer assignment.  Generally, term employment in one position in a particular Department or Agency cannot exceed 24 months of continuous employment.  For UNW members, an extension beyond 24 months in one position requires consultation with the UNW.
  18. Transfer assignments may be filled without open competition if the assignment is:
    1. One year or less and where a transfer is required to address an immediate operational need; or
    2. Two years or less and where a transfer assignment will address the development needs of an existing employee consistent with their personal development plan.
  19. Transfer assignments filled through 1) or 2) may be extended for up to one year and must comply with the terms and conditions of employment.  The delegated approval authority must provide the Department of Finance with a written rationale for the extension. 
    The rationale should, but is not limited to, include:
    • Why was the operational need not met within the one-year time frame?
    • Why the operational need could not be met through the open competition process?
    • Explanation of why results identified in the developmental plan were not met.
    • Explanation of what would happen if the transfer assignment was not extended? 
    • Has the delegated approval authority of the Employing Department been given sufficient notice and agrees to the extension of the transfer assignment?
    • Will the extension of the transfer assignment negatively impact the Employing Department’s operational requirements?
       
  20. Transfer assignments of more than one year to address an operational need or more than two years for employee development, may be filled through a limited competition.
  21. Where an employee is identified for a transfer assignment with development needs, the supervisor will complete a developmental plan to address the development needs.
  22. Transfer assignments may be terminated at the request of any one party upon 30 days' notice to all parties.
  23. Where transfer assignments are terminated upon 30 days’ notice and the transferee is a term employee, the Employing Department shall provide the transferee their home position for the duration of the transferee’s term of employment.  
  24. Pay for transfer assignments is generally calculated as a standard promotion, transfer or voluntary demotion.
  25. Transfer assignments are reported in the Public Service Annual Report.

Procedures

  1. The supervisor discusses the need for a transfer assignment with a client service representative to determine if a transfer assignment is appropriate, and its proposed format.
  2. If the transfer assignment is to be filled without open competition, the supervisor, with the assistance of a client service representative, selects the appropriate applicant. Once the selection has been made:
    1. For interdepartmental transfer assignments, the delegated approval authorities agree on the terms of the transfer assignment prior to notifying the transferee;  
    2. the delegated approval authority(ies) and the transferee agree on the terms of the transfer assignment;
    3. the client service representative prepares a transfer agreement outlining the responsibilities of all parties; and
    4. the delegated approval authority(ies) and transferee sign the transfer document.
  3. If the transfer assignment is to be filled through the limited competition process or open competition process, a client service representative proceeds with the competition as per the staffing guidelines. Once the selection has been made and all parties have agreed to the terms:
    1. A client service representative prepares the transfer agreement outlining the responsibilities of all parties;
    2. The delegated approval authority(ies) and the transferee sign the transfer document; and
  4. If a term employee is selected for a transfer assignment, a client service representative will confirm the period of employment.  If necessary, the client service representative will complete the paperwork to extend the employee in their home position to cover the duration of the transfer assignment.  The client service representative shall ensure that the duration of the term complies with the terms and conditions of employment.
  5. At least one month prior to expiry of a transfer assignment, the Employing Department will contact a client service representative who shall facilitate the transferee’s return and the completion of all required documents.