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Labour

Goals, Objectives, Strategies and Performance Measures

Labour works to create an employment environment that meets the needs of workers, employers and unions, and fosters working relationships in safe and healthy workplaces.

Labour has identified three goals:

  1. Laws, regulations and processes that focus on promoting labour stability.
  2. Timely and accurate case management and adjudication.
  3. Innovative dispute resolution processes.

The objectives presented in this section translate each goal into more specific desired outcomes. The strategies describe the key activities and initiatives that will be implemented in order to achieve the desired objectives. The performance measures linked to each objective are indicators of the progress being made to address a specific issue or priority.

A summary description that explains how the performance measure links to the relevant goal and what is being measured is provided for each measure.

Three-year targets have been set for each performance measure. 2004/05 has been set as the baseline year for the majority of measures, as this was the first year of data collection and tracking. Internal benchmarks are used to set targets because, in most cases, national standards do not exist.

British Columbia’s economic growth is among the best in Canada. In 2006/07, unemployment was at its lowest level in 30 years and investment continued at record levels.

— Province of British Columbia Annual Strategic Plan Report 2007/08-2009/10

Goal 1: Laws, regulations and processes that focus on promoting labour stability

Objective 1.1: Increased client and stakeholder awareness and satisfaction through enhanced prevention, early intervention and service orientation functions

Prevention, early intervention, and service orientation in all of Labour’s core business areas is critical to achieving a stable labour and employment environment within British Columbia. This environment is characterized by proactive, productive, and mutually beneficial relationships and compliance with labour legislation. Labour’s legislation, policy and services are designed to protect the health well-being of British Columbia’s workers, foster fairness in economically viable businesses, and ensure that appropriate protections, supports and remedies are available.

Challenges associated with this objective include developing and maintaining relationships and partnerships with stakeholders or clients who may, at times, perceive themselves to be adversely affected by government legislation or regulatory burden. This creates an opportunity for government to strengthen stakeholder and client relationships through building trust, awareness and satisfaction in the value and benefits of prevention through education, early intervention, and alternative dispute resolution methods and initiatives.

Key strategies include:

  • Continue the dialogue between the Ministry and stakeholders in the labour relations community so that critical labour relations issues are addressed in a timely, effective and mutually beneficial manner;
  • ensure that the principles of early intervention and prevention are applied to expiring collective agreements where necessary and appropriate;
  • expand proactive educational initiatives that provide comprehensive information on employment standards;
  • continue with initiatives to provide services in other languages;
  • develop new initiatives and continue with existing initiatives aimed at maintaining and improving accessibility of Labour Relations Board services to all parties, and streamlining administrative requirements in order to be more responsive to the needs of employees, unions and employers;
  • develop social marketing strategies through the Provincial Council on SafeBC that focus on making British Columbia the safest province in Canada with respect to injury prevention, complementing the ActNow BC program that sees British Columbia leading the way in healthy living;

    • SafeBC

    Initiated by the Ministry of Labour and Citizens’ Services, SafeBC is a province-wide, multi-partner, injury prevention strategy designed to make British Columbia the safest province in Canada.

  • continue with initiatives to provide direct workers’ compensation assistance, guidance and service to workers and employers and to focus on ensuring the efficiency and responsiveness of the workers’ compensation appeal system; and
  • continue with the bi-annual Employers’ Advisers Office and Workers’ Advisers Office surveys which measure overall client satisfaction.

Performance Measure 1: Percentage of employers whose employment practices resulted in no complaints being registered with the Employment Standards Branch

Performance Measure Baseline 2007/08 Forecast 2008/09 Target 2009/10 Target 2010/11 Target
Percentage of employers whose employment practices resulted in no complaints being registered with the Employment Standards Branch. 97.7% (2004/05) 96.5 – 98.5% 96.5 – 98.5% 96.5 – 98.5% 96.5 – 98.5%
Data Source:  Employment Standards Branch Case Management System and BC STATS.

Discussion

This performance measure is an important indicator of labour stability within the province and supports Labour’s focus on prevention, labour stability and competitiveness. The performance measure determines the total number of complaints filed with the Employment Standards Branch within a fiscal year in relation to the total number of business establishments with employees throughout the province. A high percentage of employers without employee complaints registered with the Employment Standards Branch suggests a stable labour relations climate within the province, which in turn attracts investors, thus promoting continued economic growth and prosperity. While there are no specific national benchmarks for this performance measure, other jurisdictions within Canada have also adopted this measure as a means to track labour stability and compliance.

The measure is derived from two sources: Employment Standards Branch data which shows the number of employers who are the subject of one or more employment standards complaints over the course of a fiscal year; and BC STATS data on the total number of business establishments with employees over the same period. The expectation is that the percentage of employers whose practices do not result in complaints being registered with the Branch will continue at their current very high levels and that this will allow the Branch to continue to focus its compliance initiatives and activities on those sectors of the economy where vulnerable workers are most likely to be employed.

It should be noted that the target range for this measure has not increased, as it is already set in the upper threshold of the measure.

Performance Measure 2: Person-days lost due to strike/lockout activity in British Columbia relative to Canada as a whole

Performance Measure Baseline 2007/08 Forecast 2008/09 Target 2009/10 Target 2010/11 Target
Person-days lost due to strike/lockout activity in British Columbia relative to Canada as a whole (three-year moving average). 0.96
(2003 – 2005)		 0.95 – 1.05 0.95 – 1.05 0.90 – 1.00 0.90 – 1.00
Data Source:  Government of Canada.

Discussion

This measure is an indicator of the relative degree of labour peace and labour stability in British Columbia compared to Canada as a whole, which strongly supports Labour’s focus on labour stability and competitiveness. The measure shows the number of person-days lost due to strikes and lockouts as a proportion of the British Columbia labour force, and compares this with the number of person-days lost across the entire country as a proportion of the Canadian labour force. The performance measure target was initially set to a national standard that would establish a labour relations climate in British Columbia that compares with the rest of Canada. The long-term objective of this performance measure is to establish performance standards within British Columbia that can be consistently maintained at a level below the Canadian person-days lost average.

A score of 1.0 suggests that the degree of labour stability in British Columbia is on par with Canada as a whole, with a score of less than 1.0 indicating relative labour stability (fewer days lost per capita) compared with the rest of Canada and a score of greater than 1.0 indicating relative labour instability.

Goal 2: Timely and accurate case management and adjudication

Objective 2.1: Ensure accurate and timely decisions by administrative decision-makers

Timely, accurate and high quality decisions are critical in ensuring that a fair and effective legislative process exists and the successful delivery of Ministry services is achieved; however, meeting this objective is not without its challenges. Factors that may have an impact on the timeliness and accuracy of decisions can include evidentiary issues and legal challenges.

Key strategies include:

  • Continue to improve the efficiency and effectiveness of the Employment Standards Branch decision-making process through access to clear policy direction, sharing of best practices, and the development and delivery of appropriate training;
  • ensure that the Employment Standards Branch, Workers’ Advisers and Employers’ Advisers continue to meet or exceed established timeliness targets for cases;
  • ensure that systems are in place to track productivity and adherence to timeliness targets for administrative tribunals;
  • establish timelines for the disposition of cases before the Labour Relations Board; and
  • continue with initiatives focused on ensuring the efficiency and responsiveness of the workers’ compensation appeal system.

Performance Measure 3: Percentage of Employment Standards Branch determinations overturned by the Employment Standards Tribunal

Performance Measure Baseline 2007/08 Forecast 2008/09 Target 2009/10 Target 2010/11 Target
Percentage of Employment Standards Branch determinations overturned by the Employment Standards Tribunal. 11% (2004/05) <10% <9% <8% <8%
Data Source:  Employment Standards Branch Case Management System and Employment Standards Tribunal website.

Discussion

The Employment Standards Tribunal can cancel decisions issued by the Employment Standards Branch in cases involving an error in the application of law or, in some instances, where new information became available after the Employment Standards Branch’s original proceeding. This measure provides insight into the effectiveness of the Employment Standards Branch in applying policy to promote the fair treatment of employers and employees.

The performance measure is calculated by dividing the number of Employment Standards Branch decisions that have been cancelled by the Tribunal by the total number of decisions that have been issued. The expectation is that the percentage of cancellations will decline in future years through continuing improvements in Employment Standards Branch decision-making and through regulation and operational policy changes that will ensure alignment between operational policies and procedures, and the Employment Standards Act and its Regulation.

Goal 3: Innovative dispute resolution processes

Objective 3.1: Effective and mutually beneficial alternatives to traditional adjudication and dispute resolution through self-help, mediation and alternative dispute resolution

Early intervention and the use of alternative dispute resolution processes support the timely, effective and fair resolution of complaints and disputes, which promotes overall compliance with labour legislation. Labour continues to garner the support of essential stakeholders in innovative dispute resolution processes and initiatives.

Key strategies include:

  • Encourage the use of early intervention and alternative dispute resolution methods such as self-help, mediation and relationship building;
  • ensure that sector-specific initiatives undertaken by the Employment Standards Branch, such as the Inter-Agency Committee on Farm Worker Protection, foster mutual co-operation between government, industry and employees, particularly as they relate to vulnerable workers;
  • use education and proactive measures to facilitate and promote the use of early intervention and alternative dispute resolution in support of the complaint resolution model for employment standards (self-help materials and mediation prior to adjudication); and
  • promote use of early intervention and early dispute resolution in the workers’ compensation system (including self-help materials and merit assessments).

Performance Measure 4: Proportion of Employment Standards Branch cases closed prior to adjudication

Performance Measure Baseline 2007/08 Forecast 2008/09 Target 2009/10 Target 2010/11 Target
Proportion of Employment Standards Branch cases closed prior to adjudication. 78% (2004/05) >78% >79% >79.5% >80%
Data Source:  Employment Standards Branch Case Management System.

Discussion

This performance measure demonstrates the extent to which early intervention and alternative dispute resolution have been used to resolve complaints without having to resort to formal adjudication, which supports Labour’s focus on vulnerable persons, prevention and education activities. The measure is based upon Employment Standards Branch operational statistics and is derived by dividing the number of cases resolved at the investigation and mediation stages by the total number of cases.

The expectation is that the Employment Standards Branch will continue its focus on early intervention and alternative dispute resolution where appropriate, in order to ensure that complaints will be resolved in a timely, fair and effective manner.

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