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DAOD 5015-0 Accommodation of Needs DAOD 5015-WA Workplace Accommodation

DAOD 5015-0 Accommodation of Needs DAOD 5015-WA Workplace Accommodation. Presentation to UMCC-HR-Sub-committee Anne Marie Giannetti (DDWB) & Des Rogers (1 st Vice President FGDT&LC (W)) March 1, 2004. Purpose.

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DAOD 5015-0 Accommodation of Needs DAOD 5015-WA Workplace Accommodation

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  1. DAOD 5015-0 Accommodation of NeedsDAOD 5015-WA Workplace Accommodation • Presentation to UMCC-HR-Sub-committee Anne Marie Giannetti (DDWB) & Des Rogers (1st Vice President FGDT&LC (W)) March 1, 2004

  2. Purpose • To present the draft DAOD 5015-0 Accommodation of Needs, DAOD 5015-WA Workplace Accommodation

  3. OUTLINE • Background • Legislative Mandate • Key Features of DAOD • Co-Development Process • Lessons Learned • Next Steps • Committee Members

  4. BACKGROUND • DND Audited by Canadian Human Rights Commission (CHRC) in 2001 • CHRC instructed DND to create an inclusive Workplace Accommodation Policy in order to be compliant with the EEA • ADM(HR-Civ) decided to co-develop this policy with its union partners

  5. BACKGROUND (Cont’d) • Committee made of up representatives from the Groups and Commands, DGLPD, DGCESP, DGER, DGCHRSC, DMPD, CFLA, regions, Unions: IBEW, PIPSC, UNDE, Federal Govt Dockyards Trades and Labour Council East and West and the Federal Govt Charge Hands Association, EE Advisory Groups and the Manager’s Network • Committee had six meetings from May/December 2003 • Produced a draft DAOD to reflect the government’s policy commitments to the requirements of the Canadian Human Rights Act, the Charter and the Employment Equity Act

  6. Legislative Mandate • The Canadian Human Rights Act (CHRA) requires federal government departments and federally regulated organizations to provide workplace accommodation to anyone protected by the law unless doing so would result in undue hardship. This is commonly referred to as the “duty to accommodate.” (Sections 2-15 of the Act) • Employment Equity Act (EEA) • TBS/PSC Policy on the Duty to Accommodate Persons with Disabilities in the Federal Public Service

  7. The Duty to Accommodate ...refers to the obligation of an employer, service provider, or union to take appropriate steps to eliminate disadvantage to employees, prospective employees, or clients resulting from a rule, practice or physical barrier that has or may have an adverse impact on persons with disabilities. Canadian Human Rights Commission

  8. Undue Hardship Employer must prove accommodation would create: • A health or safety risk • An extreme financial burden • A significant disruption to operations • A substantial interference with others’ rights • The inability to provide other work

  9. Key Features of DAOD • An inclusive policy that addresses accommodating differences in the workplace in a broader sense, which includes family-related and religious accommodation • Requires that DND examine all policies, practices, directives and guidelines, including information and employments systems, to identify and remove any unnecessary barriers • Requires that DND design barrier-free employment systems, processes and access to physical facilities

  10. Key Features of DAOD (cont’d) • Informs DND/CF members who act as supervisors of DND employees of their obligations under the CHRA to accommodate the needs of DND employees and candidates • Responds to individualized employment related accommodation needs for DND employees and candidates having a specific need • Responsibilities of key stakeholders outlined on page 10 & 11 of draft DAOD 5015-WA

  11. Phases • Preparation • Development • Implementation

  12. Preparation Phase • Sought approval from senior management to co-develop a Workplace Accommodation policy • Invited unions to co-develop the policy • Invited stakeholders to nominate knowledgeable representatives to participate as committee members • Committee was made of up civilian and military representatives from the Groups and Commands, Human Resources, legal, regions, EE Advisory Group, the Manager’s Network and Unions

  13. Development Phase • Prepared committee members by: • Conducting literature research, legal jurisprudence and best practices in other government departments • Inviting senior representatives from CHRC and TBS to provide overview and requirements of policy • Organizing a session to determine roles and responsibilities, agreement of committee procedures and the way ahead • Committee members were responsible for ongoing communication back to their respective constituents • Produced draft policy for department wide review and implementation

  14. Implementation Phase • Draft policy presented jointly by co-chairs of Committee to the Human Resources Management Team • Department wide consultation process is underway • Approval by the Deputy Minister’s committee 12 Jan 04 18 Feb– 8 Mar 04 Spring 2004

  15. Positive Results Of Co-Development • Inclusive and open discussions • Better understanding of complexity and related issues to the policy • Willingness to find common ground on issues contributed to a trusting working relationship • Established a network of advocates for Workplace Accommodation • Established a new approach to policy development • Set the stage for buy-in from constituents

  16. Lessons Learned for Co-Development Committee composition must have: • Knowledgeable representatives with authority to make decisions • A good balance of union and management representation • A good representation of those who will be directly affected by the policy i.e. Diversity Advisory Groups, managers etc.

  17. Lessons Learned for Co-Development Committee members must: • Take the time at the beginning to ensure a good understanding of co-development and the roles and responsibilities of committee members • Communicate back to their respective units/areas on progress and discussions Success with the initial co-development endeavour sets the tone for future initiatives

  18. Next Steps

  19. Next Steps

  20. Comments and/or questions

  21. Committee Members • Anne Marie Giannetti, Directorate Diversity and Well-Being, (Mgt Co-Chair) • Bob Taylor, International Brotherhood of Electrical Workers, (Union Co-Chair) • Maria L’Orfano, Directorate Diversity and Well-Being, (Project Co-ordinator) • Des Rogers, Federal Dockyards Trade & Labour Council (West) • Debbie Graham, Union of National Defence Employees (UNDE) • Tom Denault, Federal Dockyards Trade & Labour Council (East) • Darryll Luesby, Professional Institute of the Public Service of Canada (PIPSC) • Chuck McMullen, Directorate Civilian Employment Policies • Julie Coté-Lalonde, Directorate Management Policy Development • Alain Charron, Directorate Management Policy Development • Alan Pattison, Directorate Employee Relations • Helen Barkley, Directorate Employee Relations • Lise DesRosiers, Director, Conflict Management

  22. Committee Members (Cont’d) • John Kittson, ADM(Infrastructure & Environment) • Carole O’Rourke-Elliott, the Manager’s Network • Diane Law, Service Centre Prairies • Brenda Stouffer, Service Centre Prairies • Laura Nevile, Service Centre Pacific • Carole Gauthier, Director General Safety • Capt Dennis Pawlowski, DND/ CF Legal Advisor • Diane Baines, Advisory Group for Persons with Disabilities • LCdr Naismith, CF, Employment Equity • Maj Beler, CF, Employment Equity • Penny McGregor, Director General Safety • Ron Day, Director General Safety

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