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Annual Service Plan Reports 2004/05
CONTENTS
• Message from the Minister and Accountability Statement  
• Highlights of the Year  
• Ministry Role and Services  
• Report on Performance  
• 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  

Annual Service Plan Reports 2004/05 Home
  
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Report on Performance

Overview of Ministry Goal and Linkage to Government Strategic Goals

The following pages provide an overview of key ministry goals for each core business area, the strategies to meet these goals and the measures used to determine progress. These goals and objectives are consistent with the ministry's vision of a modern work environment for British Columbians that treats employees and employers fairly and equitably, increases productivity and contributes to the prosperity of British Columbia. Each of the goals listed below are related to one of the ministry's core business areas.

Report on Results

 

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. 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.

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 2003/04 Actual 2004/05 Target 2004/05 Actual Variance
ESB early intervention closures1 1,419 1,500 1,370 -1302
Complaints received by ESB 5,799 5,200 5,015 -185
1  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  While early intervention closures were slightly less than anticipated, the number of files closed at this stage still represents an increase over the number of closures in fiscal 2003/04 measured as a percentage of the total complaints filed. The targets set for 2004/05 were an estimate and there are a number of variables that may impact both the number of complaints filed and the closure rate at different stages.

 

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 2003/04 Actual 2004/05 Target 2004/05 Actual Variance
ESB determinations1 787 500 798 +298
EST2 appeals and reconsiderations received 300 300 210 -90
1  A determination is a legally enforceable decision made by the Branch regarding an employer/employee issue under the Act.
2  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.

 

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 Measures 2003/04 Actual 2004/05 Target 2004/05 Actual Variance
Number of sector specific initiatives concurrently in operation 1 2 3 3 0
1  nitiatives 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 2003/04 Actual 2004/05 Target 2004/05 Actual Variance
Determinations upheld by the EST1 70% 70% 66% -4%
ESB timeliness2 180 130 190 603
1  Determinations that are not upheld are not all cancelled — 14% were varied, 11% cancelled and 9% referred back.
2  The length of time from submission of complaint to closure (days).
3  The number of days to closure is fairly consistent with the level for 2003/04. The timeliness on closure of files was likely impacted as a result of staff turnover and the resulting resources that needed to be devoted to training.

 

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 Measure1 2003/04 Actual 2004/05 Target 2004/05 Actual Variance
EST timeliness - written submissions2 85 85 88 3
1  Due to a new operating model, almost all EST cases are decided based on written submissions. Therefore, the measure of EST timeliness for oral hearings has been discontinued.
2  The length of time to decide an appeal (days) based on written submissions.

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, 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.

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 2003/04 Actual 2004/05 Target 2004/05 Actual Variance
Number of LRB applications and complaints received1 2,417 2,550 — 2,780 2399 -151
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 2003/04 Actual 2004/05 Target 2004/05 Actual Variance
Percentage of mediation applications settled1 77% 75 — 80% 74% -1%
1  In 2003/04, there were 104 mediation applications settled out of 130 applications. In 2004/05 there were 81 mediation applications settled out of 110 applications.

 

Obje ctive: 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 Measures 2003/04 Actual 2004/05 Target1 2004/05 Actual Variance
Number of applications and complaints disposed of1 2,554 2,350 — 2,580 2259 -91
Percentage of disputes settled2 65% 70 — 75% 66%3 -4%
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.
3  If complaints related to section 12 of the Labour Relations Code (which address complaints by workers that their union has not represented them fairly) are removed, the percentage of disputes settled in 2004/05 was over 77%. Section 12 complaints are often resolved through adjudication. Of 395 disputes brought forward, 323 were settled.

 

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 2003/04 Actual 2004/05 Target 2004/05 Actual Variance
Average number of backlog cases1 34 N/A 37 N/A
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.

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 http://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 2003/04 Actual 2004/05 Target 2004/05 Actual Variance
Inquiries responded to by Workers' Advisers Office1 133,850 130,500 110,885 -19,615
Advice/assistance provided by Employer's Advisers Office2 9,394 8,500 9,083 +583
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 2003/04 Actual 2004/05 Target 2004/05 Actual Variance
Workers' Advisers Office public education seminar participation1 450 290 848 +558
Employer's Advisers Office information and skills development seminar participation2 5,052 3,600 6,333 +2,733
1  Individual participants. Includes injured worker representatives, constituency assistants and other public groups who attend WAO seminars on using the workers' compensation system.
2  Individual participants. Includes employers, workers, safety committee members and professionals who attend EAO seminars on various components of workers' compensation legislation.

 

Objective: Increase efficiency of appeal system.

 

Performance Measure 2003/04 Actual 2004/05 Target 2004/05 Actual Variance
Backlog of appeals acquired from old system at implementation of WCAT1 10,792 5,695 4,4782 -1,217
1  WCAT acquired 22,425 appeals from the old system on March 3, 2003.
2  WCAT has developed strategies for the 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 the reduction of the backlog.

Strategies :

  • Streamline appeal system.
  • Eliminate appeal backlog.

Executive and Support Services

The Executive and Support Services section of the ministry maintained activities to support the government's goals of a strong and vibrant provincial economy, a supportive social infrastructure and safe and healthy communities. This was done by monitoring the results of recent legislative and regulatory changes in areas of ministry responsibility and identifying items that needed further improvements.

 

Performance Measure 2003/04 Actual 2004/05 Target 2004/05 Actual Variance
Client satisfaction survey results N/A 85% satisfaction N/A1 N/A
1  This measure was discontinued. It was determined that direct interaction with ministry stakeholders, including employers and employees, provides feedback that is more accurate, current and relevant as opposed to internal surveys.

 

In the fall of 2002, government adopted Enterprise-wide Risk Management (ERM) as a process to be applied to all ministry, branch and agency planning processes and activities. The ERM policy is intended to modernize and improve public sector management by integrating a systematic approach to risk management into each program or service area.

In the next three years, the Ministry of Skills Development and Labour anticipates that its risk management culture will mature as it builds capacity through ERM awareness-building and training, and continued executive support of the initiative.

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, 2005, the combined regulatory requirements of the ministry and the Workers' Compensation Board had been reduced by more than one third.

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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