Ministry 2003/04 Annual Service Plan Report - Government of British Columbia.
         
Contents.
• Printer-friendly versionAdobe Acrobat Reader link page. (PDF)  
• Message from the Minister  
• Accountability Statement  
• Year-at-a-Glance Highlights  
• Ministry Role and Services  
• Performance Reporting  
• Report on Resources  
• Appendix 1: List of Crowns, Agencies, Boards  
• Appendix 2: Legislation  
• Appendix 3: Regional Offices  
• Appendix 4: Other Program Statistics  

Other Links.
• Ministry of Skills Development and Labour Home  
• 2003/04 Annual Service Plan Reports Home  
 

Performance Reporting

Report on Results

Industrial Relations

In recognition of the power of external factors to impact the ministry's goals in this core business area, it has refined a number of its objectives and performance measures to more accurately reflect ministry activities. For example, rather than striving to decrease workdays lost to labour disputes and to decrease the number of Labour Relations Code contraventions, the ministry has set objectives of increasing the success rate of collective bargaining mediations and increasing the number of Labour Relations Code applications that are resolved prior to adjudication. These objectives are more consistent with ministry responsibilities and are therefore more accurately measured. The performance data is given for the fiscal year. The actual and target data presented in the 2003/04 Service Plan was based on calendar year.

Goal: Promote productive and competitive workplaces from which good relationships in the labour relations community can be developed.

Objective: Encourage mutual confidence between unions and employers.

Strategies:

  • Provide information to Labour Relations Board clients about the Labour Relations Code and industrial relations practices.
  • Create an industrial relations environment that is responsive to the needs of employees, unions and employers by maintaining the accessibility of Labour Relations Board services to all parties and streamlining their administrative requirements.
Performance Measure 2002/03 Actual 2003/04
Target 		2003/04 Actual Variance
Number of LRB applications and complaints received1 2,247 2,450 – 2,550 2,417 -33
1  Includes mediations and adjudications, does not include the Collective Agreement Arbitration Bureau.

Objective: Increase collective bargaining mediation success rate.

Strategies.

  • Encourage alternative dispute resolution processes.
Performance Measure 2002/03 Actual 2003/04
Target 		2003/04 Actual Variance
Percentage of mediation applications settled (ss. 55 and 74) 74.4% 75 – 80% 77% Target Achieved

Objective: Increase the number of Labour Relations Code applications that are resolved prior to adjudication.

Strategies:

  • Provide information to Labour Relations Board clients about the Labour Relations Code and industrial relations practices.
  • Ensure Labour Relations Board operations are suited to today's work environment by continuing to apply the principles enshrined in the Labour Relations Code, such as encouraging cooperation between employers and trade unions in resolving workplace issues, adapting to changes in the economy, developing workforce skills and developing a workforce and a workplace that promotes productivity.
  • Create industrial relations environment that is responsive to needs of employees, unions and employers by maintaining the accessibility of Labour Relations Board services to all parties and streamlining their administrative requirements.
Performance Measure 2002/03 Actual 2003/04
Target 		2003/04 Actual Variance
Number of applications and complaints disposed of1 2,075 2,500 – 2,600 2,554 Target
Achieved
Percentage of disputes settled2 64.2% 60 – 65% 65% Target
Achieved
1  Number of applications and complaints disposed of includes mediations and adjudications; CAAB applications received prior to January 1, 2003 are not included. "Disposed of" means an arbitrator or mediator-arbitrator has been appointed, but the case will remain open to record the final outcome.
2  'Disputes' that come to the LRB include: unfair labour practice complaints (ss. 5 – 12), applications under sections 32 and 45, and Part 5 applications (ss. 57 – 70). Applications under sections 55 and 74 of the Labour Relations Code are excluded from this calculation and are instead listed separately under 'objective 2'. "Settled" means resolved without formal decision, order or declaration.

Objective: Issue decisions in a timely manner.

Strategies:

  • Facilitate use of early intervention and alternative dispute resolution processes.
  • Expedite Labour Relations Board adjudication, including more focused decisions and review and analysis of procedural timelines.
Performance Measure 2002/03
Actual 		2003/04 Target 2003/04 Actual Variance
Average number of backlog cases1 23 35 34 -1
1  In general, a case is part of the 'backlog' if it has been assigned for more than 90 days and no hearing will be held, or where a hearing has been completed and more than 45 days have passed. The increase in backlog for 2003/04 is attributable to the reduction in staffing of adjudicators.

Workplace Programs (Employment Standards)

Changes to the Employment Standards Act, as well as the restructuring of the Employment Standards Branch (ESB) in 2002/03, have meant baseline data has significantly changed. The introduction of self-help materials, the shift from an investigative to a mediation and adjudication model, and compliance partnerships with industries are expected to substantially affect ministry measures.

In employment standards, the ministry has sought to identify anticipated improvements rather than specific targets due to the difficulty in determining causality. A case in point is the number of complaints received by the branch. A decline in the number of complaints could be attributable to a number of factors, such as the improved effectiveness and efficiency of the self-help kits or the new sector-specific employment standards. Likewise, an increase in the number of complaints in the future may be attributable to a substantial upswing in the provincial economy. As the number of British Columbians finding work increases, the overall number of complaints may also increase even though on a per capita basis the number of complaints remains stable.

The Employment Standards Branch has committed to providing resources to work concurrently with three targeted sectors through initiatives such as partnerships with employees and employers. Sectors will be prioritized to optimize resource utilization in those areas presenting the greatest risk to vulnerable workers. As joint objectives are realized and compliance issues improved in one sector, the branch will reassess priorities and focus on new sectors to maintain its targets of three concurrent initiatives.

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Goal: Fair and balanced employment standards that allow mutually beneficial relationships between employees and employers.

Objective: Facilitate increased compliance with the Employment Standards Act.

Strategies:

  • Increase employers' and employees' knowledge and understanding of the Employment Standards Act by working together with industry on education and awareness initiatives.
  • Ensure contraventions of the Employment Standards Act are identified and corrected by focusing enforcement activities on noncompliant sectors or employers.
Performance Measures 2002/03 Actual 2003/04 Target 2003/04 Actual Variance
ESB early intervention closures1 911 1,500 1,419 -81
Complaints received by ESB 6,590 6,500 5,604 -8962
1  The measure 'early intervention closure' in this annual service plan report replaces the measure 'early intervention attempt'. In 2003/04 – 2005/06 Service Plan, an 'early intervention attempt' was considered any matter resolved during intake, education or assessment, but prior to the filing of a formal complaint. In this year's service plan, an 'early intervention closure' is a successful resolution of a workplace problem by providing information on basic requirements of the Employment Standards Act after the initial filing of a formal complaint but before mediation is scheduled.
2  Due to legislative and process changes in 2002 and 2003 the Branch had no history on which to base an estimate of the number of complaints for 2003 and therefore targeted no increase in the number of complaints as the expectation. The 2003/04 actual will provide baseline for more accurate forecasting in the future.

Objective: Create a fairer and more balanced employment standards system that benefits employers and employees.

Strategies:

  • Ensure the Employment Standards Act is suited to today's workplaces and meets the needs of employers and employees by introducing regulatory changes that address the unique circumstances of specific sectors.
  • Increase employers' and employees' awareness of the employment standards system, including where they can go for assistance.
  • Develop a vibrant relationship with industry that promotes joint responsibility for education and training on workplace matters to ensure a level playing field meeting at least the minimum standards of the Employment Standards Act.
Performance Measures 2002/03 Actual 2003/04 Target 2003/04 Actual Variance
ESB determinations1 976 450 787 +3372
EST3 appeals and reconsiderations processed 586 575 300 -2754
1  A determination is a legally enforceable decision made by the Branch regarding an employer/employee issue under the Act.
2  With an increased emphasis on early intervention and mediation the Branch anticipated a corresponding reduction in the number of determinations issued. Due to a persistent backlog from previous years the number of determinations were greater than anticipated due to the closure of a greater than expected number of backlogged files.
3  Employment Standards Tribunal. The Tribunal provides an independent avenue of appeal of determinations made by the Branch. In specific circumstances, the Tribunal may also reconsider its own decisions.
4  During 2003/2004 the Tribunal processed 300 cases. This represents a 48 per cent reduction in caseload from the previous year. The reduction can be attributed to changes at the Employment Standards Branch (its new operating model) and changes to the Act (e.g., mandatory penalties).

Objective: Resolve employment standards disputes prior to formal complaint being filed with the Employment Standards Branch.

Strategies:

  • Provide advice and support services for employers and employees through improving availability of employment standards and dispute resolution information.
  • Support early intervention and alternative dispute resolution in employment standards disputes by supporting the new complaint resolution model, which mandates the use of self-help materials and mediation prior to adjudication.
Performance Measure 2002/03 Actual 2003/04
Target 		2003/04
Actual 		Variance
Number of sector specific initiatives concurrently in operation1 1 3 3 0
1  Initiatives may include partnership agreements, such as Memoranda of Understanding, or targeted enforcement operations.

Objective: Increase Employment Standards Branch efficiency and effectiveness.

Strategies:

  • Support early intervention in employment standards disputes.
  • Improve quality of Employment Standards Branch decision-making through advanced training for officers, clear policy direction and the sharing of best practices.
  • Provide early intervention/dispute resolution processes.
Performance Measures 2002/03 Actual 2003/04 Target 2003/04 Actual Variance
Determinations upheld by the EST1 68% 70% 64% -6%
ESB timeliness2 180 150 190 +403
1  Based on 519 ESB determinations appealed to the Tribunal on substantive matters.
2  The length of time from submission of complaint to closure (days).
3  ESB officers were able to close a higher proportion of old files than anticipated, thereby reducing the wait for clients who had complaints in the system the longest.

Objective: Streamline appeal system.

Strategy:

  • Ensure consistency in decision-making by sharing Tribunal lead decisions and high-quality Branch decisions, and by using online policy interpretations to ensure consistent interpretation by staff.
Performance Measures 2002/03 Actual 2003/04 Target 2003/04 Actual Variance
EST timeliness — oral hearings1 134 135 126 -9%2
EST timeliness — written submissions3 86 85 85 0
1  The length of time to decide an appeal (days) based on oral hearings.
2  The Tribunal further streamlined its processes to ensure an improvement in decision-making.
3  The length of time to decide an appeal (days) based on written submissions.

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Workers' Compensation System

As an independent statutory agency, the WCB identifies and measures performance against its own major objectives. Key objectives and performance indicators are set out in the WCB's 2003 Annual Report and 2004 – 2006 Service Plan. These documents are available on the WCB's website at WorkSafebc.com.

The Workers' Compensation Appeal Tribunal (WCAT) became operational in March 2003. WCAT is the second and final appeal level in the new system, which was introduced to ensure fair, timely and consistent decisions. WCAT has an objective of eliminating, within three years, the backlog of appeals it acquired from the Workers' Compensation Review Board and the WCB Appeal Division. Over the coming year, WCAT will develop other measurable objectives with respect to adjudication activity. These objectives and measures can only be accurately identified when the volume of appeals received from the WCB and the WCB Review Division under the new system matures and stabilizes.

This year the ministry has removed one objective and its associated strategies from this core business area, to better focus on areas of ministry responsibility. The objective of fewer workplace injuries, illnesses and deaths is addressed by the Workers' Compensation Board and is more appropriate to its business activities.

GOAL: Safe and healthy workplaces and a workers' compensation system that is responsive to the needs of workers and employers alike.

Objective: Better compliance with the Workers Compensation Act and the Occupational Health and Safety Regulation by providing responsive, independent and expert advice, assistance and representation to workers and employers.

Strategy:

  • Facilitate workers' and employers' understanding of the workers' compensation system, including appeal processes, by providing information and assistance to workers and employers.
Performance Measures 2002/03 Actual 2003/04
Target 		2003/04 Actual Variance
Inquiries responded to by Workers' Advisers Office1 142,062 133,850 130,012 -3,838
Advice/assistance provided by Employer's Advisers Office2 11,231 9,500 9,252 -248
1  Documented brief service advice. Does not include general inquiries.
2  Advice and assistance provided to new clients that fully addressed their needs at point of contact. This does not include general inquiries. Results in a Liability Protection Form completed and signed by an Advisor only. Distinct from a File, which generally deals with appeals.

Objective: Decrease the number of appeals filed.

Strategy:

Facilitate workers' and employers' understanding of the workers' compensation system, including appeal processes.

Performance Measures 2002/03 Actual 2003/04 Target 2003/04 Actual Variance
Workers' Advisers Office public education seminar participation1 257 450 881 +4312
Employer's Advisers Office information and skills development seminar participation3 4,801 4,000 5,052 +1,0524
1  Individual participants. Includes injured worker representatives, constituency assistants and other public groups who attend WAO seminars on using the workers' compensation system.
2  Increased seminar participation furthered workers' understanding of the workers' compensation system.
3  Individual participants. Includes employers, workers, safety committee members and professionals who attend EAO seminars on various components of workers' compensation legislation.
4  Increased seminar participation furthered employers' understanding of the workers' compensation system.

Objective: Increase efficiency of appeal system.

Strategies

  • Streamline appeal system.
  • Eliminate appeal backlog.
Performance Measure 2002/03 Actual 2003/04 Target 2003/04 Actual Variance
Backlog of appeals acquired from old system at implementation of WCAT 22,425 11,390 10,792 -5981
1  WCAT has developed strategies for reduction of the backlog. The implementation of these strategies, coupled with a lag in intake of new appeals under the new appeal system, enabled WCAT to exceed its goal for reduction of the backlog.

Deregulation

Cross-government deregulation initiatives, which seek to reduce the overall regulatory burden by one third, will continue to impact all core businesses of the Ministry of Skills Development and Labour.

By March 31, 2004, the ministry had reduced its regulatory requirements by over 39 per cent, and the Workers' Compensation Board had reduced its regulatory requirements by 30 per cent.

The repeal of the Barbers Act and the Cosmetologists Act, effective December 31, 2003, has removed numerous unnecessary and duplicate regulations, and has assisted the ministry in exceeding its goal of reducing its regulatory requirements by one-third by the end of 2004. The workers' compensation appeal system was restructured effective March 3, 2003, through Bill 63, the Workers Compensation Amendment Act (No. 2), 2002. This change, which involved the merger of the former Workers' Compensation Review Board and WCB Appeal Division into WCAT, involved the development of a small number of new practices and procedures but eliminated a large number of system regulatory requirements. Continuing reviews of the Workers Compensation Act and policies have also resulted in substantial reductions.

The ministry will continue to implement the government's smart regulation policy by simplifying and reducing unnecessary regimes and by ensuring that any new regulation is necessary.

 

  
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