HR Policies – Nibinamik First Nation

The Nibinamik First Nation (NFN) Human Resources Policies and Procedures is developed to foster a healthy working relationship between all employees and to clearly define policy procedures and expectations. NFN understands that creating this type of mutually beneficial work environment starts with understanding the standards in our workplace. The Ogamakanuck of NFN have ratified this policy manual to be used as a guideline in the day-to-day operations and management of the NFN.

1.2 Mission

The mission of NFN is to become a strong, vibrant, and self-sufficient community in which the needs of all members are respected. Through its leadership, NFN will work to enhance the quality of life of its members and strive for self-governance using the wisdom and value of its people.

1.3 Vision Statement

The vision of NFN is for a strong, healthy, and economically prosperous community committed to self-sufficiency, good governance, service equity, and fairness for all its members.

1.4 Operating Philosophy

NFN’s most important assets are its employees. Each employee is important to the First Nation’s success in serving NFN community members. NFN holds itself accountable to implementing and adhering to the following principles governing its operations.

Principles of Operating Philosophy:

NFN will focus on people and maintain a positive and supporting environment.
NFN will adopt and implement human resources policies that are fair and consistent, and that comply with the community’s values as well as applicable legal requirements.
NFN will work to develop trust in its management and create a working environment where each employee is treated with respect.
NFN and its employees shall prioritize the needs of NFN members.
Employees will be encouraged to contribute ideas and to freely speak out on work-related issues in the proper forums. Employees will be provided with timely feedback on their suggestions and requests.
Employees will be provided with the appropriate resources and training to perform their job.
NFN will make sure that rules are clear, and management decisions are results-oriented.
NFN’s Chief and Council, leadership, management, and employees shall collaborate in developing NFN’s vision by instilling within it values, goals, and strategies.
Policies and other rules of the workplace will be applied consistently to all employees.

1.5 Purpose, Application and Format of Policy Manual

Purpose

The purpose of NFN’s Human Resources Policy Manual (the Policy Manual) is to provide NFN employees, including managers, guidelines for the daily administration of NFN, and to communicate procedures and policies applicable to NFN employees.

No part of this policy should be construed as limiting rights assured under the applicable human rights and employment standards legislation.

Application

In general, all policies contained within the Policy Manual apply to every employee of NFN. However, not every policy will be relevant to the specific job functions of each employee.

Where a policy applies to individuals who are not considered employees of NFN, such as Chief and Council, the scope section of each policy shall expressly set out
the additional individuals or groups to whom the policy applies.

Format of Policy Manual

The Policy Manual does not apply to individuals working as independent contractors, volunteers, or any other individuals, unless stated explicitly in the scope section of an individual policy.

The Policy Manual may be amended, added to, or repealed by the Chief and Council in whole or in part by resolution passed by a majority vote at a duly constituted NFN Meeting.

1.6 Disclaimer Statement and Agreement to Abide

Disclaimer Statement

This manual is a general guide to the NFN’s policies, procedures, and benefits. It does not constitute an employment agreement, nor does it confer any special rights or guarantee continued employment. NFN can make changes to the manual at any time and undertakes the responsibility to convey any changes made to all employees in a timely manner.

Agreement to Abide

To ensure that all employees are completely aware and informed of NFN policies and procedures, each new employee will be given a copy of the Policy Manual. All employees will be required to sign Agreement to Abide in Appendix B, indicating that they have received a copy of the Policy Manual and they understand their obligations to abide by the policies of the Policy Manual.

1.7 Lines of Authority and Communication

Policy Statement

NFN’s lines of authority and communication channels exist in recognition of the fact that the supervisory relationship is one of the most important relationships in the workplace. Supervision is an important component of NFN’s ability to provide a safe and effective working atmosphere. Supervision is also an opportunity for immediate supervisors and employees to engage in constructive discussions regarding any aspect of employment with NFN.

This policy applies to all NFN employees.

Procedure

Supervisors will meet frequently with the employees they supervise to establish a trusting relationship whereby staff will feel comfortable requesting direction and seeking clarification.

Supervisors shall provide feedback on employee performance in a positive way that will reinforce and build upon an employee’s skill base and confidence.

When an employee has an issue, concern, or dispute, it will be pursued within the lines of authority. Employees are encouraged to address minor issues, concerns, or disputes through informal discussion with the involved individual(s) through informal discussion.

Where informal discussion does not lead to a resolution, or where additional support is required, employees shall bring the issue, concern, or dispute to the attention of their immediate supervisor.

If an employee feels that they are not being treated fairly or that their issue is not being dealt with by their immediate supervisor, they may then raise their concerns with their director.

If the employee still feels that the issue, concern, or dispute has not been appropriately addressed or resolved after bringing it to the attention of their Director, they may then contact the Band Manager.

Wherever possible, complaints shall be made in writing.

Where an employee is seeking resolution or assistance with an issue, concern, dispute involving their direct supervisor, they may bring the issue to the attention of the Director at first instance. Similarly, where an employee’s Director is the subject of a complaint, the employee may bring the complaint to the NFN Band Manager.

Employees shall not consult members of Chief and Council directly with respect to work-related administrative or personnel issues. However, certain NFN employment decisions will require Chief and Council approval, in accordance with the Policy Manual. When Chief and Council are required to make an NFN employment decision, the issue shall be brought to Chief and Council by the NFN Band Manager.

Failure to adhere to the procedures set out in this policy may give rise to progressive discipline action.

Section 2: Definitions

The following is list of Definitions in the HR Policies and Procedures Manual ordered alphabetically.

casual employee	an employee who works on an on-call basis for the relief of other employee(s) in the event of absence or illness up to a maximum of 2 weeks.
complainant	A person who has made a complaint about another individual who they believe committed an act of violence or harassment against them.
conflict of interest	A conflict of interest occurs when any employee, because of his/her work assignment with Nibinamik First Nation and his/her affiliation with outside activities, organizations or businesses, has any personal, financial, or immediate family interest that might deter the employee from acting in the best interests of Nibinamik First Nation, or might give rise to an influence on him/her that is not in the best interests of Nibinamik First Nation, or that might raise the perception amongst NFN members and the public that the employee could be in a conflict of interest.
contract position	A position filled for a specified period of time or for a particular project, on such conditions as set out in this manual, except as they may be modified by contract.
critical injury	Is an injury that places life in jeopardy, involves unconsciousness, results in substantial loss of blood, results in a fracture of leg or arm but not a finger or toe, results in an amputation of leg or arm but not a finger or toe, involves burns to a major portion of the body, or results in the loss of sight in an eye
employee	An individual that is employed by Nibinamik First Nation
employer	Nibinamik First Nation
energy isolating device	A device used to ensure that power or energy cannot flow through to a piece of machinery or equipment. Some examples of these devices are: a disconnect switch, circuit breaker, manually operated valve, or blind flange.
first aid	First Aid is the one-time treatment or care and any follow-up visit(s) for observation purposes only.
First Nation	Nibinamik First Nation
fiscal year	refers to the time period from April 1 of one year to March 31 of the following year.
full-time employee	those individuals whose normal work week consists of a minimum of thirty-five (35) hours per week.
health care	Services requiring the professional skills of a health care practitioner; Services provided at hospitals and health facilities; Incidents where dentures, glasses, or artificial appliances (e.g., prosthetic arm) were damaged in a work related accident.
honorarium	A payment made for services on which NFN custom prohibits a price be set.
imminent danger	A danger that is not normal for that occupation, or a danger under which a person engaged in that occupation would not normally carry out the person’s work.
indictable offense	Indictable Offence of the Criminal Code of Canada.
just cause	Cause that a person of ordinary intelligence would consider a fair and reasonable justification for termination of employment
management	The Nibinamik First Nation Band Manager and Supervisor/Directors as applicable who are mandated for the day-to-day administration of this policy.
occupational hazard	A thing or situation with the potential to harm a worker as either a safety hazard that causes accidents that physically injure workers or a health hazard which results in the development of disease.
office closure	Days that the office is closed to the public.
official	A person who holds a position by appointment or employment within the Nibinamik First Nation organization.
official vehicle	A vehicle belonging to, registered and insured by Nibinamik First Nation
Ogamakan	The person who is elected as spokesperson/leader of Nibinamik First Nation.
Ogamakanuck	The elected officials of Nibinamik First Nation.
part-time	Those individuals who work a consistent schedule that is less than the full-time organizational commitment of 35 hours per week.
probationary	Those individuals who are recently hired, or, who are reassigned to a new position and must undergo a period of probation.
program staff	Those staff that are frontline workers to deliver the programs and services of Nibinamik First Nation.
respondent	A person whom another individual has accused of committing an act of violence or harassment.
selection committee	A committee appointed from time to time to undertake the duties for the selection of candidates for employment.
supervisor/director	An employee of Nibinamik First Nation whose responsibilities include supervision of employees, monitoring programs or program specifics.
support staff	Those staff chosen to work as secretaries, receptionist, clerks, administrative assistants, janitors, securities, teachers’ aides, accountants and any other position designated as support functions by Nibinamik First Nation.
time off in lieu	Time in lieu is time off from work which an employee is granted for having worked outside of normal working hours.
trainee	Individuals doing training-on-the-job under direct supervision.
unofficial member	Anyone residing in Nibinamik First Nation that is not an official member
unofficial vehicle	A vehicle that does not belong to Nibinamik First Nation
vacation entitlement year	Spans the NFN fiscal year, running from April 1st to March 31st.
workplace violence and harassment	Violence in the workplace may be any action, conduct or comment, including of a sexual nature that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee, including any prescribed action, conduct or comment.
workplace injury	Any injury that occurs on Nibinamik First Nation premises or during the transaction of approved Nibinamik First Nation business that requires either First-Aid or Health-Care.

Section 3: Employment

3.1 Employees Categories Policy

Objective

NFN believes that employees must be treated in a fair and equitable manner. Individuals holding similar positions in different groups within our organization must be treated as consistently as possible. Individuals holding similar positions in terms of qualifications, measurable responsibility and salaries will be classified into one category and personnel in each category will receive similar benefits.

3.2 Contractor and Employee Distinction Policy

Objective

NFN engages in a wide range of projects that may use employee and/or contractor human resources. This policy exists to provide a clear distinction between these two categories of personnel.

A contractor provides services to NFN, but is not engaged in an employment relationship with NFN. The contractor is not eligible for NFN employment benefits, and generally does not fall under the guidance of these Policies (unless the Policy specifically states that it applies to contractors).

Procedure

And individual may be considered a contractor when some (or all) of the following circumstances exist:

The individual controls when and how the services are provided to NFN.
The individual is paid an amount for the completion of a task or project, as opposed to paid on an hourly basis for work performed.
The individual owns a business or has a registered business number for billing purposes.
The business has its own policies and procedures and must abide by appropriate health and safety legislation.
The individual owns their own tools and is responsible for the tools and equipment they use.
The individual earns a profit and also has a risk of losing money from the work they complete.
The individual can subcontract work to third parties.
Business services can be ended (that is, termination of contract), but the individual is not subject to progressive discipline.

By contrast an individual is considered an employee when some of the followings are true:

Pay is not affected by the way work is completed.
Assigned work cannot be subcontracted to another person.
The organization has the right to discipline, dismiss, or terminate the individual.
The organization determines what tasks the individual must complete, how much they will be paid, when work will be completed, and how and where the individual works.

Where a contractor relationship exists, reasonable notice will be provided on termination to the extent that it is not specified in any written agreement, as determined on a case by case basis.

3.3 Discrimination

Objective

NFN is committed to providing equal treatment with respect to employment according to the protected grounds established under the Canadian Human Rights Act. NFN has adopted this policy to ensure that its employees are provided with meaningful employment that is ethical and fair, and is in compliance with all applicable employment and human rights legislation.

For harassment, workplace violence and sexual harassment please see Policy 6.12 Workplace Violence, Harassment, and Sexual Harassment Policy.

NFN will continuously work to ensure an environment for all employees that fosters openness and tolerance. This policy is intended to ensure that NFN’s practices and the practices of all our employees are free from direct and indirect discrimination. Under the Canadian Human Rights Act, employers have the ultimate responsibility for ensuring a healthy and inclusive work environment, including preventing and addressing discrimination in the workplace.

Procedures:

The following is a list of prohibited grounds of discrimination under the Canadian Human Rights Act:

• Age

• Ancestry

• Citizenship

• Colour

• Creed

• Disability

• Ethnic Origin

• Family Status

• Gender expression

• Gender identity

• Marital status

• Place of origin

• Race

• Record of Offences

• Sexual orientation

Prohibition of Discrimination

Discrimination is prohibited on the part of all those employed by, or those who have a contractual agreement or privileges with NFN.

Reporting

Incidents of discrimination should be reported to the NFN Band Manager and/or their Designate or the employee’s immediate Supervisor/Director in writing. The report will be presented by the Band Manager to Nibinamik Ogamakanuck for further discussion.

Investigation

NFN Ogamakanuck will work with the NFN Band Manager to investigate complaints of discrimination where appropriate. In order for a complaint to be investigated, the complaint must identify the grounds of discrimination alleged, the individual who allegedly perpetrated the discrimination, and sufficient details of the incident(s) that are alleged to have occurred to allow for a fair and impartial investigation.

NFN may determine either to conduct an investigation itself, have the Band Manager conduct an investigation, or have an external investigation completed at its sole discretion.

An investigation may involve sharing details of the complaint with the alleged perpetrator of the discrimination.

Once an investigation is completed, NFN shall determine the appropriate next steps in order to ensure that discrimination does not occur in the workplace. Employees found to have committed a discriminatory practice may be disciplined up to and including termination, in the sole discretion of NFN.

Confidentiality

All records of direct and indirect discrimination, reports filed, and subsequent investigations are considered confidential and will not be disclosed to anyone except to the extent required by law, or when necessary for the purposes of conducting a fair and impartial investigation.

3.4 Accessibility and Accommodation of Persons with Disabilities Policy

Objective

NFN values individual differences, respects individual needs, and supports accessibility, diversity, and fairness in the treatment of all individuals. All goods and services provided by NFN will follow the principles of dignity, independence, integration and equal opportunity. This policy intends to set guidelines and best practices to meet the needs of employees and community members with disabilities.

This policy applies to all NFN employees.

NFN will make every reasonable effort to ensure that its policies, practices, and procedures are consistent with the principles of dignity, independence, integration, and equal opportunity.

Procedures

The following principles guide NFN’s Accommodations Policy:

Individual Assessment- Employment accommodation is assessed and delivered individually for employees who make their needs known. Each situation must be considered individually to assess appropriate accommodation. Requests for employment accommodation must be dealt with quickly and effectively so employees can fully participate in all aspects of employment and recruitment, except where undue hardship can be demonstrated.

Dignity and Privacy – Individuals must be accommodated in ways that respect their dignity, worth, and right to privacy in the workplace. All information relating to specific requests for accommodation will be treated as confidential and only used for meeting accommodation requirements.

Provision of Services

When providing services to band members and other members of the public, NFN employees will:

Ensure that all members receive the same level of respect and quality of services.
Allow members with disabilities to do things in their own ways, at their own pace when accessing services, as long as this does not present a health and safety risk.
Use alternative methods, when possible, to ensure that individuals with disabilities have access to the same services, in the same place and in a similar manner.
Take into account individual accommodation needs when providing services; and
Communicate in a manner that takes into account the individual’s disability.

Persons with disabilities may use their own assistive devices as required when accessing services provided by NFN.

Accommodation of Employees with Disabilities

It is the policy of NFN to create and maintain an inclusive, barrier-free environment to ensure the full participation of persons with disabilities.

NFN will, where appropriate, implement this policy by:

Identifying and removing barriers to employment, career development and promotion of persons with disabilities unless doing so would result in undue hardship;
Designing all employment systems, processes, and facilities to be accessible by building accommodation into workplace standards, systems, processes and facilities; and
Accommodating individuals when such barriers cannot be removed, to the point of undue hardship taking into consideration issues of health, safety, and cost.

NFN will ensure that:

Criteria for selection and assessment of employees do not discriminate on any prohibited ground of discrimination, including disability, unless the requirement is a bona fide occupational requirement;
Create and maintain inclusive, barrier-free work environments that are accessible;
Inform all employees of this policy and the process for obtaining accommodation;
Respect individual’s privacy and confidentiality;
Assess and address individual accommodation requests of persons with disabilities by consulting with the employee to identify the nature of the accommodation, and if necessary, consulting appropriate medical and rehabilitation advisors and others, with the employee’s consent, to determine the accommodation appropriate to that person; and
Accommodate individuals unless such accommodation would result in undue hardship.

Employees must inform their supervisors of their employment-related needs, and work with NFN to find the most appropriate means to accommodate their employment-related needs.

3.5 Recruitment and Hiring Policy

Objective

• NFN follows equal opportunity and fair hiring practices when filling positions, and to ensure the success of our business hires only the most qualified individuals. NFN has adopted this policy so that all employees and potential candidates are fairly and consistently considered for employment opportunities.

• NFN will prioritize qualified Anishnawbe applicants for employment, with qualified Band Members being provided first consideration for employment.

Job Postings

NFN Band Manager and/or their Designate will post the position in the NFN Band Office and on social media. The job posting will include the following information:

The job description, including a summary of duties.
Lines of authority and who the employee will report to.
Essential qualifications required.
Salary.
Contact person, and
Deadline date to submit applications.

The job posting shall also clearly state that NFN prioritizes the hiring of NFN band members, followed by Anishnawbe applicants, as set out in Policy 3.6 Preferential Hiring Policy.

The following will apply except in cases where NFN determines, in its sole discretion, that urgent circumstances apply:

All positions shall be publicly advertised.
Vacant positions must be advertised for a minimum of two (2) weeks.

In cases of urgent circumstances, the Ogamakanuck and/or their Designate may advertise the position for a shorter period of time than outlined above, target specific individuals for the position, and/or appoint a person who meets the qualifications.

Procedures

All applicants shall submit a resume in writing that will include information on previous job experience, education, skills and qualifications, hobbies, references.

The Employment Coordinator and/or the Ontario Works Employment Officer may provide resume assistance if needed to complete applications. NFN may refer candidates to available assistance if required.

Successful candidates will be selected by a Selection Committee.

The Selection Committee shall be established by the NFN Manager and/or their Designate.
The Selection Committee shall be comprised of a minimum of three (3) people and a maximum of five (5) people.
The Selection Committee must consist of representatives from the First Nations Management, the program staff and any member appointed.
No person can be on the Selection Committee if he or she is an immediate family member of the candidate applying.

Interviews will be conducted by the Selection Committee as per the Selection Committee Terms of Reference (Appendix A).

Interview questions shall be prepared and reviewed by the selection committee and each candidate shall be asked the same set of questions.
The Selection Committee shall choose by consensus a successful candidate.
A second candidate will be agreed upon in case the first is unable to accept the position.

Newly hired employees may be required to obtain a Police Record Check if it is a requirement of the position.

Once employees are hired at NFN, they will be required to complete and submit the Employee Information Form (Appendix B) along with their payroll direct deposit information.

Supervisors will provide orientation to new employees using the Orientation Checklist (Appendix C) as a guide. Once complete, this checklist is to be signed by both supervisor and employee and filed in the employee’s personnel file.

3.6 Preferential Hiring Policy

Objective

NFN is committed to hiring the best suited candidate for any position while also providing employment opportunities for NFN band members and other Anishnawbe people, as well as providing First Nations role models to the NFN community.

This Policy applies to the recruitment of all positions within NFN.

Procedures

In hiring for new positions or considering promotions, NFN shall abide by the following guidelines:

Suitably qualified NFN band members shall be given preference for positions;
If a suitably qualified NFN band member is not available for a position, a suitably qualified Anishnawbe person will be given priority;
Where a suitably qualified Anishnawbe person is not available for a position, a suitably qualified Indigenous person of non-Anishnawbe heritage shall be given priority; and
Where a suitably qualified Indigenous person is not available for a position, the most suitably qualified non-Indigenous applicant will be given priority.

Nothing in this Policy restricts the right of NFN to hire a non-Indigenous applicant for a position that the non-Indigenous applicant is the most suitably qualified for the position, at the sole discretion of NFN.

All NFN job postings will indicate that NFN band members will be given priority, followed by Anishnawbe persons and then Indigenous persons who are of non-Anishnawbe heritage.

NFN hiring committees shall consider educational qualifications and relevant work experience, as well as the candidate’s knowledge and/or experience with the language, culture, history and customs of NFN when determining whether a candidate is suitably qualified.

3.7 Payroll Administration Policy

Objective

The objective of this policy is to communicate NFN’s process and procedures.

Payroll information is to be treated as confidential and accordingly must never be revealed to any staff member or outside person unless authorized.

Nibinamik employees will be paid on a bi-weekly basis with renumerations to be directly deposited into the employee’s bank account every second Friday.

Employees must provide banking information to the payroll department upon commencement of employment and must fill out the Employee Information Form (Appendix B).
Employees who decide not to be paid by direct deposit will be paid by manual cheque at 4:30 PM on the designated payday.

All Status Indians working for NFN will provide proof of exemption from income tax.

All employees are required to contribute to Employment Insurance and Canada Pension Plan.

Procedures

Payroll deductions for housing maintenance fees, utility fees, donations, etc. will be set up through the Payroll Deduction Authorization Form (Appendix D).

Pay Period

Payroll shall be completed bi-weekly.
Paydays will be every second Friday according to payroll schedule. All timesheets will be submitted on Wednesday for all employees.
Pay cheques will be released by 4:30 PM on the scheduled payday.
Pay cheques will not be released prior to paydays unless the employee will be away on annual leave.
All Casual workers and contract workers will be paid on the last business day of the week in which timesheets or invoices are received.

All employees shall be provided with a notification of deposit, and a statement of earnings and deductions for every pay period.

Payroll information is a permanent record and therefore must be retained indefinitely.

Payroll Advances

Under certain circumstances an employee’s payroll advance request may be permitted. The employee must have a reasonable need for a payroll advance.
The NFN will only approve a maximum of 65% of the bi-weekly payroll net amount.
The maximum amount to be advanced to a member during a calendar year will be 10% of their net salary. This is applicable only to those members who are employed full time with the NFN.
Seasonal and temporary payroll advance is limited to 50% of their previous bi-weekly payroll net amount or 50% of expected pay cheques during their current period of employment.
Employees requesting a payroll advance are to fill out the Payroll Advance Request Form (Appendix F).
Employees must have completed their probationary period to qualify for an advance.
Employees are not permitted to obtain a pay advance twice in a row.
All advances will be subject to a 15% administration fee.

Legal compliance

NFN shall ensure its payroll processes and procedures comply with relevant legal requirements and adhere to all the reporting and tax withholding requirements.
NFN shall ensure all payroll and compensation information obtained is stored and maintained in a secure area. Such information shall only be shared for payroll, administrative and legal purposes.

Federal and Provincial income tax forms will be used kept in employee payroll files and are used to calculate statutory deductions as required by law, such as CPP, EI and Income Tax.

3.8 Recognition Policy

Objective

NFN has adopted this policy to ensure that staff are recognized for their achievements in an appropriate fashion. NFN recognizes and values the efforts of our staff members, and the contributions they make towards the success of our community.

NFN may provide recognition in the following manner:

Verbal or written congratulations and/or thanks.
Awards for excellence and/or achievements and
Ceremonies for the celebration and communication of excellence and/or achievement.

NFN will ensure that all recognition provided reflects the staff member or team’s ability to successfully meet or exceed defined band objectives, goals and values, and will ensure that the recognition creates a lasting effect.

The Band Manager or designate shall be responsible for the coordination of the annual awards ceremony.

Each department will be responsible for effectively documenting service achievements and communicating these achievements effectively. Where appropriate, departments will provide recognition, and may submit the information for consideration for organization wide recognition and/or award(s).

Departmental Obligations

NFN departments are encouraged to promote our goals and objectives, and the recognition programs and strategies.
Departments shall create documentation for all formal recognition activities and provide feedback to assist in the review and revision of recognition programs.
The NFN Chief and Council shall review and revise recognition policies and programs on a regular basis, as required.

Long-Service Intervals will be based on continuous length of employment with NFN and are not limited to continuous length of employment in one position.

3.9 Performance Evaluation Policy

Objective

NFN adopted this policy to ensure that all staff members are provided with accurate and appropriate feedback regarding their performance within the organization. By utilizing a performance management system NFN will work with its employees to ensure organizational objectives are met through the achievement of individual performance goals and objectives.

This policy applies to all NFN employees.

All employees shall receive an annual employee evaluation as a means of conducting a formal review of performance, in which the employee’s contribution to NFN is assessed by the employee’s supervisors (i.e., immediate supervisor, Band Manager and/or their Designate, Ogamakanuck, etc.).

The Employee Performance Evaluation form (Appendix F) shall be filled out by both the employee and supervisor which outlines annual goals for career development and job performance for the employee.

All probationary employee evaluations shall be carried out within 6 months of the hiring date, and each anniversary date thereafter. All employees on an extended probationary period shall be evaluated and notified of future job status at least two (2) weeks prior to the end of the extended probation period.

A performance evaluation cannot be conducted by an immediate family member of the employee whose performance is being reviewed.

Performance evaluations are based on the performance of the duties outlined in the job description and the employee’s adherence to expected standards of conduct, including punctuality and respect for others in the workplace, as well as the employee’s compliance with the policies and procedures established by NFN from time to time.

Procedure

All performance evaluations will consist of a written, signed document, the contents of which shall be reviewed with the employee. The employee shall have the opportunity to read the evaluation, write his/her comments on the evaluation, and countersign the documents.

The process of the performance review will include the following steps:

a) The supervisor or the Director, working with the Band Manager as required, fills out the Employee Performance Evaluation Form;

b) The supervisor or the Director meets with the employee to review the Employee Performance Evaluation Form. The original form is retained by the Supervisor and a copy is provided to the employee.

c) During the meeting, the supervisor and the employee discuss the goals and training or career development plan with the employee. This is intended to provide a guide for the employee’s professional development during the upcoming year. The employee’s goals and career development plan shall be recorded by the supervisor.

d) The supervisor will discuss the employee’s performance as it compares to the job requirements, goals set for the year, and training/career development goals.

e) The supervisor will provide any feedback to the employee regarding their performance.

f) The employee may consider the information provided on the Employee Performance Evaluation Form and may add comments on the front page where indicated. The employee will also sign the form and return the form to the Supervisor.

The employee’s evaluation shall form part of the employee’s personnel file and shall be kept by the NFN Band Manager and/or their Designate. Access to an employee personnel file shall be restricted to the employee, the administrator and the Band Manager. For more information on privacy please refer to Section 6.14 Privacy Policy.

All employees must notify the NFN Band Manager and/or their Designate if they are not capable of performing their job tasks. NFN Manager and Supervisor/Director shall be responsible for redistributing work in these situations.

All Employees who feel they have been subject to an unfair performance review or who believe their performance plans to be out of the scope of their normal duties and responsibilities NFN may submit a grievance. Please refer to Section 3.11 Grievance Procedure.

Additional performance reviews may be carried out at any time by a Supervisor or Director, at NFN’s sole discretion. The employee shall be provided with reasonable notice of a Performance Review.

3.10 Progressive Discipline Policy

Objective

The objective of this policy is to lay out the guidelines and procedures for the use of disciplinary actions towards an employee.

The purpose of progressive discipline is to correct the cause of the unsatisfactory behaviour or unsatisfactory job performance. The remedial efforts of NFN and the degree of discipline imposed will be reasonable and commensurate with the severity of the issue and the employee’s work record.
Each step in the disciplinary procedure serves to increase the awareness that the result, if unsatisfactory behaviour and/or unsatisfactory job performance continues, is dismissal. NFN may select a higher step in the discipline procedure, up to and including termination of employment, depending on the severity of the offence or performance issue.

All employees of NFN, as a condition of employment, must abide and respect the Community By-Laws, Codes and Policies legally and duly approved by Ogamakanuck and community process.

This Policy applies to all NFN employees.

Procedure

Disciplinary Process

All employees shall faithfully and diligently carry out their employment and act in the best interests of NFN and shall carry out all lawful directions given to them.

NFN may discipline any employee in the event that the employee’s actions, lack of actions or performance warrant such discipline. In general term, discipline includes misconduct or negligence, but it can also include poor performance or other significant issues with work performance. Infractions that warrant discipline include, but are not limited to:

a) Absenteeism;

b) Unwillingness to work co-operatively with other employees;

c) Insubordination;

d) Poor attitude towards work;

e) Poor performance; or

f) Tardiness

Section 5.1 Employee Conduct also applies to this section by establishing rules of work conduct and ethics that are essential in building and maintaining a productive work environment.

Disciplinary action will usually proceed in a progressive process as outlined below. However, serious offences or performance issues, as well as severe circumstances or egregious policy breaches, may necessitate a higher step in the discipline procedure, up to and including termination of employment.

Verbal Notice

The Supervisor and Band Manager will set up a confidential meeting with the employee to discuss the concerning behaviour confidentially. During the meeting, the employee will have the opportunity to explain any related circumstances.

The Supervisor will:

identify the unacceptable performance/behavior; and
explain why it is unacceptable; and
clarify the expectations; and
work with the employee to agree on methods for improvement and offer internal or external assistance as appropriate; and
set realistic time frames for the expected improvement or change, and;
keep a detailed written record of the discussion.

There may be more than one verbal notice. For example, an immediate Supervisor and the Band Manager may speak to an employee three times about inappropriate language before moving to the next stage.

The Supervisor must keep notes from the meeting(s). The notes must include the date of the meeting, and the details of the discussion. The notes will be placed in the employee’s personnel file.

Following the meeting, the Employee shall be provided with a written letter detailing that a verbal warning was issued, and outlining the unacceptable performance/behaviour, explaining why it is unacceptable, and clarifying the expectations.

Written Notice

If there is no improvement within the time frame specified following the verbal notice/interview, or if there is an additional breach of conduct after the verbal warning is issued, a meeting will be held by the immediate Supervisor and the employee for the purpose of providing a written notice to the employee.

The written notice will be in the form of a letter to the employee, and will:

identify the unacceptable performance behavior;
explain why it is unacceptable;
clarify the Supervisor’s and NFN’s expectations;
state methods for improvement and suggest sources of assistance;
specify the period for the expected improvement; and
set out an outcome if there is no change or improvement. (e.g., further discipline up to and including termination of employment)

A copy of the written notice to the employee and any written record of the meeting will be placed in the employee’s personnel file.

Disciplinary Suspension

As part of the disciplinary process, the Band Manager may suspend an employee, with or without pay, after verbal warnings and/or a written notice has not resulted in the required improvements, or if there is an additional breach of conduct after the written warning is issued.

A Disciplinary suspension shall not be issued by the employee’s Supervisor. It must be issued by the Band Manager.

A disciplinary suspension with or without pay will generally be between one and five days in length.

A meeting will be held with the employee, the employee’s Supervisor and the Band Manager to explain the suspension, and to obtain the employee’s point of view. The employee may bring a support person.

A letter of suspension will be given to the employee at the meeting (or before) outlining:

the unacceptable nature of performance/conduct;
the length of the suspension either with or without pay;
dates the suspension will begin and end;
what is expected upon the employee’s return to work and time frames;
possibility of termination of employment if further breaches of conduct occurs, and;
the employee’s right to explain or address the situation in writing.

If a meeting is not practicable the letter of suspension may be hand-delivered to the employee with a witness present or may be sent to the employee by registered mail. Written correspondence to or from an employee on suspension will be placed in the employee’s personnel file.

If a serious breach of conduct is suspected, an employee may be placed on administrative suspension with pay while the matter is being investigated. An administrative suspension is non-disciplinary. Administrative suspension allows for NFN to conduct any necessary investigations into the breach of conduct.

While on administrative suspension, an employee shall refrain from discussing the breach of conduct with others, including with other NFN employees, and shall participate in any investigation as requested by NFN.

Termination

As a final or extraordinary step in the disciplinary process, an employee may be terminated pursuant to the procedure outlined in NFN’s Termination Policy.

All notices of termination shall require a resolution of the Ogamakanuck and shall state the reason and the effective date of the termination.

The procedures to be followed in cases of dismissal for cause are outlined in the section “Instant Dismissal for Cause”.

Employee Assistance Program

Employees experiencing serious personal problems or alcohol and drug dependence problems are encouraged to get help and treatment before work performance is affected and disciplinary action is required.
The First Nation Band Manager and/or their Designate, Ogamakanuck, Elders, Health Staff and other employees who are knowledgeable about resources can provide employees with confidential consultation and referral information.
Employees may be eligible to apply for certain types of leave that will enable them to access the proper resources to help resolve their situation.
Such leave will be documented in the employee’s personnel file; however, this type of leave will not affect the outcome of future performance evaluations.

3.11 Termination

Objective

NFN recognizes that termination from employment may be required on occasion. This policy supports the termination of an employee’s employment in a manner that is consistent with applicable Human Rights and Employment Standards legislation.

This policy applies to NFN employees.

Procedure

Termination Without Cause

If the employment of an employee is to be terminated other than for cause, notice of termination or payment in lieu of notice of termination, or combination thereof, will be provided by NFN, subject to the conditions and requirements set forth in this policy and subject to the requirements under applicable employment legislation (presumed to be the Canada Labour Code).

Notice

NFN will provide at least two (2) weeks notice of termination, or pay in lieu of notice of termination, or a combination thereof, to an employee whose employment has been terminated if the employee has completed a minimum of three (3) months of continuous employment.

Severance Pay

If an employee has completed a minimum of twelve (12) months of continuous full-time employment, they are eligible for severance pay amounting to the greater of five (5) days pay or two (2) days pay for each completed year of continuous employment with NFN.

Termination for Just Cause

Situations where NFN will consider dismissal for just cause will include, but are not limited to, the following:

extreme misconduct, including the violation of NFN policy which results or may result in a negative effect on other employees or clients, such as fraud, falsification of records, or willful destruction of NFN property;
refusal to follow instructions and directions;
extreme negligence, carelessness, or neglect of duty, including when there is unsatisfactory job performance which does or may endanger the safety of colleagues and/or clients;
breach of confidentiality;
violence in the workplace;
being found in possession of illegal drugs on NFN property;
being under the influence of alcohol or illegal drugs while working or performing work duties;
theft, fraud or misuse of organization funds, equipment, or materials;
discrimination, harassment or abuse of clients, subordinates, or colleagues;
breach of conflict-of-interest policy, and;
being charged or convicted of a criminal offense that is incompatible with continued employment by NFN;
failure to improve performance or behaviour despite being provided with progressive discipline, as outlined in Policy 3.9 – Progressive Discipline; or
any other conduct, behaviour, or omission inconsistent with ongoing employment with NFN.

Dismissal for Just Cause Procedures

Any termination of employment for just cause must be approved by the Band Manager. Prior to approving any termination of employment for just cause, the Band Manager shall discuss the situation with the Ogamakanuck and obtain the advice of the Council.

The Band Manager and/or their designate shall sign all letters of termination of employment.

In the case of termination for just cause, the Band Manager should make the announcement in a neutral place and prevent the employee from returning to their workstation.

Where an employee is terminated for just cause, they will be paid only for time worked. There shall be no pay in lieu of notice provided. Employees terminated for just cause will, however, be paid upon termination for all earned salary, vacation credits, and outstanding overtime.

An employee whose employment is terminated for just cause is not entitled to severance pay.

The Record of Employment issued to all terminated employees is reviewed by the Band Manager before releasing it to the affected employee.

Upon termination, any outstanding salary or travel advances or monies owing to NFN will be deducted from the employee’s final pay which will be issued on the first regularly scheduled pay date following the termination. The final pay is withheld until the employee has returned to the office any keys, equipment, or other resources and material belonging to NFN. By acknowledging this policy, employees hereby authorize NFN to make all necessary deductions in instances of a just cause termination.

Termination of Employment by Employee

All employees shall give at least 14 days’ notice of resignation by letter addressed to the Band Manager, unless the employee’s employment contract has a notice of resignation period longer than 14 days. The date of receipt of letter by the Band Manager and/or their Designate will count as the first day of the 14 days’ notice.
On resignation with notice or on termination of employment the employee is entitled to accrued salary and earned vacation pay to the date of leaving work. If he/she has taken more vacation than he/she has earned, adjustments will be made in his/her last pay cheque to recover any overpayment. Adjustments will be made on a last cheque to adjust such items as financial advances and any other monies owed by the employee to the NFN.

Political Office

Any employees assuming political office, including in a position as band councillor or Chief, will be given a leave of absence for the complete term of office. If, at the end of the first term of elected office the employee chooses to return to his/her previous position, he/she shall be permitted to return to the same position or a comparable position if the previous position no longer exists. If he/she pursues another term in elected office and is successful, he/she will be deemed to have resigned from his/her position by virtue of being unavailable to perform the duties of the position.
NFN will obtain legal advice for any termination for cause.

3.12 Grievance Procedures

Objective

NFN has instituted this policy to provide employees with an outlet to raise concerns regarding any conflict in the workplace or dissatisfaction with respect to issues related to their employment in an open and fair manner with provisions made to ensure their prompt and reasonable resolution.

The following conflicts should be reported, and NFN shall strive to address them with reasonable resolutions:

a) Dispute with co-workers or managerial staff with unwanted, and unresolved consequences.

b) Perceived unfair or inequitable treatment.

c) Harassment of any kind.

d) Abuse of authority.

Procedure

Employees are encouraged to first discuss the unwanted behaviour or actions with the offending party as the situation dictates.

An employee who feels they have a legitimate complaint related to their employment that cannot be resolved by speaking directly to the individual involved, including any complaints against any disciplinary action the employee feels was unjustified may, after having tried to resolve the dispute informally with the Band Manager, submit a written grievance to the Ogamakanuck.

Such grievance must be submitted in writing within two (2) weeks of the event or discussion that prompted the grievance.

The Ogamakanuck can, at the Ogamakanuck’s sole discretion, request any and all information from the Band Manager, Supervisor or any employee as is needed to properly determine the grievance. The Ogamakanuck shall render a decision on the grievance as soon as practicable, and normally within ten (10) working days of its receipt. The Ogamakanuck’s decision is final.

In the respect of grievances filed by an employee in respect to actions of other employees, the Band Manager and/or their Designate and/or the Ogamakanuck shall hear the case and shall give their decision of the grievance. The decision of the Ogamakanuck is final.

In the event that a complaint is not substantiated due to lack of evidence or other reasons, both parties shall be informed with the rationale used. The complainant shall be notified first.

NFN shall keep on file all formal complaints, and the accompanying documentation, and the findings of any investigation.

Information from a previous investigation resulting in a substantiated complaint may be used for review and consideration purposes in the event of a new allegation.

3.13 Grievance Process for External Complaints

Objective

This Policy is intended to provide a process for the handling of complaints made by band members or other clients who receive services from NFN employees. This Policy provides band members and other individuals with an opportunity to raise concerns with the treatment they have received from an NFN employee.

Procedure

An individual complaint respecting an allegation of concerns over treatment by an NFN employee must be submitted in writing to the NFN Band Manager, as soon as possible after the incident that raises the complaint.

The Band Manager shall be responsible for reviewing the complaint and taking any investigative action required to properly assess the complaint, gather all relevant information, and obtain information from the NFN employee(s) in question regarding their version of the situation that led to the complaint.

The Band Manager shall normally commence the investigation into the complaint within ten (10) days of receiving the complaint. In exceptional circumstances the Band Manager may extend the time required to commence the investigation at their sole discretion.

All NFN employees who are informed of a band member or other individual’s complaint shall direct the individual to speak to the Band Manager.

If the Band Manager is the subject of the complaint, the complaint shall be made to the Ogamakanak. The Ogamakanak shall then take all actions that would otherwise be fulfilled by the Band Manager under this Policy.

All investigations into complaints made against NFN employees shall ensure that the NFN employee is provided the opportunity to be fully informed of the particulars of the complaint, and be given the opportunity to respond to the complaint.

The NFN employee in question shall be permitted to be accompanied by another person for support, including external representation or interpretation if necessary, during any interviews related to the complaint.

The Band Manager, and any NFN employees involved in the complaint or the investigation shall ensure that the complaint and the investigation is kept confidential, except to the extent required for the full investigation to take place.

Following the Band Manager’s investigation, the Complainant shall be informed of the findings of the complaint. Any NFN employee that is the subject of such a complaint shall be entitled to know, in writing, the findings of the investigation.

3.14 Layoffs

Objective

On occasion, NFN may determine that circumstances require it to reduce its workforce. This could be a result of adverse economic or other conditions, funding issues, or other unforeseen circumstances. In the event of such circumstances, layoffs and recall from layoffs will be conducted in a manner that is consistent with applicable labour standards legislation.

This Policy applies to all NFN employees.

Procedure

Employees will be selected for layoff in accordance with NFN’s operational needs. NFN will consider an employee’s demonstrated current and past performance, the needs of NFN and its specific projects, and the employee’s length of service when determining employees for layoff.

Employees selected for layoff will be provided with as much notice as possible, and no less than the notice required under applicable labour standards legislation.

Unless otherwise informed by NFN at the time of layoff, NFN shall continue to provide all regular medical benefits to the employee during the layoff period.

Recall Procedure

Employees who are laid off will be maintained on a recall list for six months, or until NFN determines that the layoff is permanent, whichever occurs first. While on the recall list, employees must inform the Band Manager if they become unavailable for recall.

In the event that the layoff becomes permanent, the employee’s employment shall be considered terminated without cause, and the proper process as outlined in Policy 3.10 – Termination shall be followed.

3.15 Job Abandonment

Objective

Employees are expected to be at work at their scheduled start time. This Policy addresses employees who do not attend work and fail to communicate with their supervisor, or otherwise indicate any reasons for their absence.

This Policy applies to all NFN employees.

Procedure

NFN expects employees to report for work on time for every scheduled shift. An employee who is unable to report to work at the designated time is required to notify their direct supervisor as soon as practicable but no later than the employee’s scheduled start time.

Employees who fail to report to work for three consecutive business days without notifying the organization of the absence will be considered as having intended to voluntarily resign. The immediate supervisor will make every reasonable effort to contact the employee before finalizing the resignation.

If the employee or a representative of the employee is unable to contact NFN due to extreme circumstances (such as a medical emergency or natural disaster that prohibits the employee or their representative from contacting the supervisor within three days), the employee or their representative must contact NFN as soon as practicable to explain the situation. In extreme circumstances, NFN will consider the explanation and its timing before determining if the voluntary resignation will be upheld.

3.16 Return of NFN Property on end of Employment

Objective

This Policy is intended to ensure that any employee whose employment with NFN comes to an end, for any reason, shall return all NFN property to the supervisor at the time of termination.

This Policy applies to all NFN employees.

Procedure

Any NFN property issued to an employee, such as band equipment, including but not limited to keys, vehicles, computer equipment, cell phones, laptops, tools, and documents must be returned to NFN at the time of cessation of employment, for any reason. Each employee is responsible for paying the cost of replacing any lost or damaged items.

All NFN Directors will keep an inventory of all issued equipment, including what staff have what equipment in their possession, and ensure that the Band Manager is provided an updated list on a regular basis.

Section 4: Compensation & Benefits

4.1 Salaries

Objective

The objective of this policy is to clearly outline the rules and guidelines for salaries earned by employees of NFN.

Procedure

NFN will make the final offer to the employees based on the level of funding and qualifications related to job position. The starting salaries and increments will be reviewed and agreed by a quorum of the NFN Ogamakanuck.

All salaries offered to employees are at the discretion of the NFN Ogamakanuck.

Salary grids, if implemented, will reflect annual, monthly, weekly, daily and/or hourly rates of pay as appropriate to the position.

Annually, NFN Management shall review all job descriptions and job classifications of NFN.

Any increases to salary grids or salary scales for NFN employees must be approved by the NFN Ogamakanuck.

NFN is committed to ensuring that all compensation is equitable. This means that employees that are performing substantially the same kind of work that requires basically the same skill, effort and responsibility and under similar conditions should have the same compensation schedule (grid).

In circumstances where a request for garnishment has been made, a copy of the Court Order will be placed in the employee’s personnel file.

4.2 Hours of Work Policy

Objective

NFN believes it is important to establish work hours to set clear expectations and consistent administration of working hours. Hours of work are important to ensure that employees are paid properly, entitlements are calculated accurately, and work is done consistently. This policy addresses expectations around when work will be completed by employees.

Work is generally considered to be performed when an employee is performing labour or providing a service to NFN, or the employee is not working but is required to stay at the workplace.

Employees are expected to devote their full time and attention to their duties during their working hours.

This Policy applies to all NFN employees.

Procedure

A regular work week for most full-time employees is 35 hours: Monday – Friday, 7 hours per day. Hours of work for all employees shall be from 9:00 a.m. to 12 noon, and from 1:00 p.m. to 5:00 p.m., unless otherwise set by the NFN Management.

Directors may identify changes in hours as required to meet the needs of the community.

Every employee is entitled to one (1) hour for lunch from 12 noon to 1:00 p.m. each workday (unpaid).

Two fifteen (15) minute coffee breaks are allowed for each full day worked. Morning coffee break will usually be taken between 10:30 a.m. and 10:45 a.m. Afternoon coffee break will usually be taken between 3:30 p.m. and 3:45 p.m. Supervisors may provide flexibility on the prescribed break times to ensure proper coverage or at the request of an employee, as long as the length of the coffee breaks are 15 minutes.

Hours of work for all other employees, by nature of their employment position may be required to work different hours. This includes, but is not limited to, the following positions: teaching staff, Contractors, Carpenters, Public Works employees.

Employees are expected to report to work regularly and on time for every scheduled working day.

All employees are expected to sign in daily attendance as they come in/out of the workplace. Attendance sheets shall be submitted bi-weekly with payroll time sheets. Please see Appendix H for the bi-weekly timesheet.

No employees, except supervisory or management employees, regardless of department, shall work more than 48 hours per week without the explicit written permission of their supervisor.

If an employee wishes, on occasion, to change their hours of work because of unusual or exceptional circumstances, a written request must be made to their immediate Supervisor for consideration. No change will be approved that may adversely affect the organization’s overall performance.

Hours worked more than thirty-five (35) hours in a week must be pre-authorized in writing by the employee’s immediate Supervisor/Director. Any such pre-authorized hours are to be accurately recorded by the employee on their timesheet.

It is the responsibility of the Supervisor to verify the hours recorded on each employee’s bi-weekly timesheet and authorize the hours reported prior to the report being forwarded to Finance for processing.

Overtime

At times, employees may be asked to work overtime to help maintain workflow.
At NFN, a regular workweek consists of 35 hours worked and runs from Sunday to Saturday. Overtime is paid as time off in lieu which shall bank at a rate of 1.5 times for hours worked over and above 40 hours in a workweek. Hours worked in excess of 35 but fewer than 40 shall contribute to banked time at a rate of 1.
Paid leave, such as holiday, vacation, or sick time, may not be used towards overtime. If an employee receives holiday pay for working on a public holiday, hours worked that day are not considered when calculating overtime pay.
All overtime hours must be authorized by the Department Director, Band Manager or designate in advance of overtime hours worked unless an emergency or other unforeseen event prevents them from doing so.
Employees who do not obtain approval before working overtime hours may be subject to discipline. Subsequent offences may result in disciplinary action up to and including termination of employment.

The hours of work for all part-time and casual employees depend upon the operational requirements of NFN. Part-time and casual employees are not guaranteed a set number of hours per week.

4.3 Disconnecting from Work Policy

Objective

This Policy is intended to promote employee health and wellness and provide employees with a positive work-life balance by detailing NFN’s expectations related to disconnecting from work.

The phrase ‘disconnecting from work’ is defined to mean not engaging in work-related communications, including emails, telephone calls, video calls or sending or reviewing other messages, to be free from the performance of work. As the list of work-related communications is inclusive, and not exhaustive, other types of work-related communications could also fall under this definition.

This Policy applies to all NFN employees, with the exception of management employees.

Procedure

NFN values our employees’ personal time and believes everyone should be able to fully disconnect from work outside of the hours of operation listed above. NFN will not expect any employee to engage in any work-related activity outside of those hours. Employees should stop performing their job duties at the end of their scheduled hours of work, should not bring any work home with the intention to complete it during non-work hours, and should not respond to any work-related communications outside of the hours of operation.

No employee will ever face any repercussions for disconnecting from work outside of work hours.

An exception to this policy is if the nature of the employee’s work is to respond in any emergency capacities.

Exception: Managers and Directors

This policy does not apply to Managers, Directors, or the Band Manager. Managers, Directors and the Band Manager may be required to be available after regular working hours to address issues that arise.

4.4 Bereavement Leave

Objective

The objective of this policy is to ensure employees are provided the time they need to properly take care of their family obligations, while maintaining their employment at NFN.

This Policy applies to all NFN employees.

Immediate Family

For the purpose of this policy, immediate family is loosely defined as spouse (including common-law spouse residing with the employee), dependent children (including children of legal or common-law spouse), parents (including step-parents, foster parents or in-law parents), grandparents (including grandparents of legal or common-law spouse), grandchildren, son-in-law, daughter-in-law, brother-in- law, sister-in-law, aunt or uncle, brother or sister or any relative residing in the employee’s household or with whom the employee permanently resides.
The immediate family definition should consider the NFN culture and the reality of extended family.

Procedure

Bereavement / Funeral Leave time is granted such that an employee may have time to attend a funeral, grieve, and deal with family issues in the event of a death in the immediate family as defined above.

When a member of an employee’s immediate family dies, the employee shall be entitled to bereavement leave with pay for a period of up to ten (10) days for the purpose relating to the bereavement. For an employee who has been employed with NFN for at least three (3) consecutive months, five (5) of the ten (10) days shall be paid at the employee’s regular rate of pay, exclusive of overtime.

An additional two (2) days may be granted for travelling time if warranted but must be approved by the NFN Band Manager.

Employees can take bereavement leave in one or two periods. The period of time within which bereavement leave may be taken starts on the day on which the death occurred and ends six (6) weeks after the date of the funeral, burial, or memorial service for the immediate family member.

Leave may be granted to employees for any other family related crises as approved by NFN Band Manager.

Leave time with or without pay may also be granted for anything else that the NFN Band Manager deems eligible.

Employees requesting bereavement leave are required to request leave from their supervisor, in writing, as soon as possible.

Employees must notify their supervisor of the need for bereavement leave as soon as possible. Wherever possible, the notice shall be in writing and indicate the start date and the anticipated length of the leave.

Where requested by the Band Manager, the employee shall submit proof of the employee’s relationship with the deceased.

Community Funerals

Employees may leave work to attend a funeral in the community, with the permission of their immediate supervisor.

The time spent at the funeral will be paid. However, employees who are not on leave for the purpose of attending the community funeral shall attend work for the remainder of the day. For example, an employee approved to attend a community funeral which commences at 1 pm and ends at 3 pm is expected to attend work as scheduled, except between the hours of 1 pm and 3 pm.

NFN Ogamakanuck and the Band Manager may close NFN offices in order to allow employees to attend a community funeral.

4.5 Education Leave Policy

Objective

The NFN recognizes that educational development is important and should be encouraged. This policy is established to provide an opportunity for the staff to obtain additional education or training to increase their competence in present jobs and to prepare for future advancement.

All full-time employees are eligible to apply for education leave and assistance. However, this Policy is specifically intended to support Nibinamik band members who are also employees of NFN in pursuing their educational development.

Procedure

All full-time employees who wish to apply for education leave must apply in writing to Ogamakanuck for approval. Applications for leave must include:

a) Course Name

b) Course Description

c) Costs

d) Name of Institution

e) Time Requirements

f) Location

g) Status (full-time/part-time)

h) Reason for taking the coarse and benefit to Nibinamik

i) Confirmation that funding is available through the Education Department (if applicable)

Full-time employees who are also band members of NFN will normally be given an education Leave with pay for a short term providing that the course is work related and that it will contribute to the employee’s development, and that the course is a modular type of program. However, Ogamakanuck reserves the right to deny the education leave depending on the organizational needs at the time of the requested leave.

Long term is considered to be 1-, 2- or 3-year full-time programs or courses. The Ogamakanuck may grant a leave of absence or education leave without pay to an employee to engage in a long-term training or to attend full-time courses that would be of a benefit to the employee’s development and the enhancement of his/her contribution to the First Nation. However, Ogamakanuck reserves the right to deny the education leave depending on the organizational needs at the time of the requested leave.

Each application must be approved individually by the Ogamakanuck.

If the application is rejected at any stage, the reasons for the decision should be discussed with the employee and the employee’s educational plan reviewed.

Applications for financial assistance regarding post-secondary education must be made to the Ogamakanuck of NFN, upon approval of applicant it shall then be forwarded to the Nibinamik Education Authority First Nations Post Secondary Student Support Services. Employees shall have to follow the set rules and regulations of that organization.

The employee shall meet with the Ogamakanuck to discuss the details of the requested education leave.

The employee is expected to make a time commitment to remain in the employment of the NFN for a period at least equivalent to the duration of the Educational Leave.

The employee shall write reports for the Ogamakanuck regarding the material learned in the course. The employee is also required to submit his/her final grades.

4.6 Professional Development Policy

Objective

The objective of this policy is to demonstrate its support of employee participation in Professional Development activities, either on behalf of Nibinamik or for personal growth.

In an effort to promote career growth and continuous education among employees, NFN supports Professional Development activities, both inside and outside of their regular duties. External Professional Development activities include, but are not strictly limited to:

a) Professional Associations.

b) Conferences.

c) Committees.

d) Workshops.

e) Board of Directors.

Procedures

NFN employees who are interested in Professional Development activities on behalf of NFN, are required to submit a written request to their Supervisor/Director or NFN Band Manager.

All Applications shall provide a comprehensive description of the program or course, the cost, travel, and duration of the course, as well as a copy of any information brochure available.

Professional Development Leave may be with or without pay, and the employer may cover all or a portion of the expenses associated with the employee’s attendance.

The employee may be required to provide a written or oral report to present to the staff upon their return.

If an employee is known to have missed 1, 2 or more days of the professional development opportunity, the employee may be required to reimburse NFN for the entire trip and be subject to disciplinary actions.

Employees may also be required to provide confirmation of attendance which is to be signed by the instructor/facilitator on a daily basis. Staff who do not comply with such requests may be subject to disciplinary action.

For information about the travel expenses please refer to Policy 4.19 – Travel Management of the Nibinamik First Nation Financial Policies and Procedures.

4.7 Sick Leave Policy

Objective

NFN shall provide the following program to assist employees who are absent from the workplace due to illness or injury. Employees have a responsibility to make every effort to ensure that they return to work in a state of health and well-being which will enable them to perform their job to the best of their abilities.

This Policy applies to all NFN employees.

Procedure

All illness causing the absence of any NFN employee must be reported to the employee’s immediate supervisor as soon as possible on the first day of the absence. Any absence in excess of three (3) days must be supported by a medical certificate to be presented upon return to work.

Employees accrue sick days at a rate of 0.83 per month to a maximum of ten (10) paid sick days in a year.

If an employee starts or finishes employment in the middle of a month, the employee shall be entitled to the month’s sick leave credit provided they work ten (10) days in that month.

Sick leave days can be applied to cases of long-term illness up to a maximum of four (4) months and may be applied only after the current year’s earned sick time has been used. For purposes of this section, long term is deemed to be a period in excess of ten (10) working days.

Once sick leave days have been exhausted, employees are encouraged to access Employment Insurance Sick Benefits while they are unable to work for medical reasons.

Certifiable sick time which occurs during an employee’s scheduled holiday will be paid as “sick time” at the discretion of the Ogamakanuck. Holiday time, if owing, will be rescheduled by the First Nation Band Manager, and/or Director in consultation with the employee.

Any employee who for any reason resigns or is dismissed will not be entitled to payment for sick leave accumulated. Unused sick leave carries no monetary value and will not be paid out to any employee at the end of the fiscal year, calendar year, or at the end of employment, unless required by law.

First Nation employee classified as part-time, temporary, term or replacement will be applicable, whereby the employee will be allowed to three (3) days sick leave with pay supported by medical certificate.

Sick Leave also includes attending to health problems of the employee’s immediate family, and all health-related appointments including travel.

Employees must notify administration of intended medical leave at least 5 working days prior to the appointment, or in cases of specialist appointments as soon as the employee is notified by the specialist. Leave without pay will be recorded unless documentation is presented within 5 days upon return to work. It is the employee’s responsibility to provide documentation.

Sick leave shall only be accrued by active employees. Inactive employees do not accrue sick leave.
Employees are entitled to the same number of sick days each calendar year, regardless of how many sick days were used in the previous calendar year. Employees cannot carry over unused sick days into the new calendar year in order to have more than ten (10) sick leave days annually.

This Policy should be read in conjunction with Policy 4.18: Personal Leave, that provides employees with five (5) paid Personal Leave days per year.

4.8 Medical Leave Policy

Objective

NFN employees are entitled to an unpaid, job-protected medical leave of absence of up to twenty-seven (27) weeks in length as a result of personal illness or injury, organ or tissue donation, medical appointments during work hours, and/or quarantine.

This Policy applies to all NFN employees.

Procedure

Employees are expected to exhaust their paid sick leave, and Compensatory Time Off prior to starting an unpaid medical leave of absence. Exceptions may be made on a case by case basis.

The benefits and seniority earned by an employee prior to their medical leave of absence shall not be lost. Additionally, pension, health, and disability benefits and seniority continue during the medical leave of absence.

However, employees must arrange to pay their pension contributions prior to going on medical leave.

Employees are encouraged to make inquiries as to their eligibility for employment insurance benefits during their medical leave of absence. Employment insurance benefits depend on an employee’s earnings and shall be determined on a case by case basis.

Employees may be eligible to receive federal employment insurance benefits for up to twenty-six (26) weeks, with a two (2) week waiting period.

After twenty-seven (27) weeks of medical leave, NFN may stop paying premiums for benefit coverage other than where the absence is due to a work-related injury. The option for the employee to continue benefit coverage by paying the premium costs shall thereafter be determined in accordance with the terms of the policy holder agreement.

Use of medical leave shall not be considered in determining an employee’s entitlement to vacation leave or their movement on the salary grid.

Notice

Employees shall make a request for a medical leave of absence prior to commencing leave, or as soon as possible thereafter, by submitting a completed Leave Request form to their immediate supervisor.

Should an employee not be able to return to work after the twenty-seven (27) weeks of unpaid sick leave, they must notify their immediate supervisor and re-submit an updated medical certificate from their healthcare practitioner.

Employees requiring medical leave shall provide to their immediate supervisor a medical certificate from a healthcare practitioner substantiating the need to be away from work due to illness prior to commencing the leave, or as soon as possible thereafter.

4.9 Vacation Policy

Objective

NFN understands the importance of personal time off for its employees. Employees are encouraged to use their accrued paid vacation time for rest, relaxation, and personal pursuits.

This Policy applies to all NFN employees.

Procedure

Full-time employees shall earn vacation days at a rate of one and a quarter (1¼) per month, for a total of fifteen (15) working days over the course of the vacation entitlement year.

The vacation entitlement year shall include time the employee spends away from work due to:

a. sickness or injury

b. pregnancy, parental, sick, family responsibility, bereavement, declared emergency, family caregiver, family medical, critical illness, organ donor, reservist, domestic or sexual violence, child death, or crime-related child disappearance leaves.

c. any other approved leaves.

An employee is entitled to vacation leave with pay from earned credits.

An employee earns but is not entitled to vacation leave until completion of six (6) months of employment.

Part-time, temporary, seasonal, contract workers and student workers are eligible and subject to 4% of their gross wages paid on each cheque.

Should any employee resign or be dismissed with vacation benefits owing to him/her, the employee will receive their vacation pay, subject to all deductions.

Should any employee resign or be dismissed; the employer shall recover any outstanding advances from the employee’s vacation pay.

Employees are expected to use all their vacation credits during the vacation year in which it is earned.

Employees are not allowed to transfer unused vacation credits to the next fiscal year, unless deemed necessary by the NFN Band Manager and Supervisors/Directors.

Applies to new employees hired within October of the given fiscal year.
Where, in any vacation leave, an employee has not been granted all of the vacation leave credited to him/her, the unused portion of his/her vacation be carried over.

An employee shall inform in writing to the NFN Band Manager and/or Directors, cc to immediate supervisor of his/her vacation request at least one week prior to the planned vacation.

Employee’s requesting time off are required to submit the Time Off Request Form (Appendix I).

Subject to the operational requirements, the manager shall notify the employee of available vacation credits and make an effort to schedule an employee’s vacation leave in the vacation year in which it is earned.

The employer shall give an employee as much notice in the practicable and reasonable approval, disapproval or cancellation of such leave, the employer shall give a written reason.

4.10 Public Holidays

Objective

Employees who qualify for public holiday pay will receive holidays with pay per the following procedures.

All NFN employees are entitled to all Statutory Public First Nation declared Holidays as follows:

Public Holiday	Day
New Year’s Day	January 1
Family Day	Third Monday of February
Ash Wednesday	40 days preceding Palm Sunday (Wednesday)
Good Friday	Friday before Easter Sunday
Easter Monday	Monday after Easter Sunday
Ascension Day	39 days after Easter Sunday (Thursday)
Victoria Day	Last Monday preceding May 25
Nibinamik First Nation Day	June 11
National Aboriginal Day	June 21
Canada Day	July 1
Civic Holiday	First Monday of August
Labour Day	First Monday of September
National Truth & Reconciliation Day	September 30
Thanksgiving Day	Second Monday of October
Remembrance Day	November 11

In general, all NFN employees are entitled to a day off with regular pay on each of the statutory holidays noted above.

In the case where a holiday falls on a Saturday or Sunday, the following Monday will be designated as the day employees will take off work.

Where an employee is required to work on a statutory holiday, shall be compensated at a rate of 1.5 times their regular hourly rate. However, managers required to work on a statutory holiday shall be given a holiday with pay at some other time agreed to by the manager.

An employee is not entitled to the paid wages if they are absent from work on a statutory holiday that is normally a workday, and they were scheduled or required to work that day.

Where an employee’s hourly wages differ from day to day, their regular rate of wages for a statutory holiday shall be calculated as the average of their daily earnings, exclusive of overtime, for the twenty (20) days worked immediately preceding the holiday.

Casual Employees are not paid for designated holidays but are instead paid a premium for working during the designated holiday.

All employees of NFN who are working on the day of a Provincial or Federal election, or when an NFN election is being held, shall be given time off with pay. Time off shall not exceed two (2) hours.

At times, NFN may require employees to work on a public holiday. All agreements to work on a public holiday will be made in writing, either printed form or electronically, and agreed to by the employee. In this case, the employee will be paid at a premium rate of 1.5 times their regular rate for each hour worked on the holiday or be paid at their regular rate for the hours worked and provided with a substitute day off.

4.11 Maternity Leave

Objective

During and/or following pregnancy, NFN employees are entitled to up to seventeen (17) weeks of maternity leave.

This Policy applies to all NFN employees.

Procedure

Maternity leave may begin no earlier thirteen (13) weeks prior to the estimated due date, and shall end no later than seventeen (17) weeks following the actual birth.

If the birth has not occurred within the seventeen (17) weeks of maternity leave, the leave is extended until the date of the birth.

Employment is considered to be ongoing during maternity leave for the purpose of employee benefits.

NFN will maintain the health insurance of employees on maternity leave. Additionally, NFN pension contributions shall continue where employees arrange with the Payroll and Benefits Coordinator to continue making contributions during the period of leave.

Notice

Employees shall provide notice of pregnancy leave by submitting to their immediate supervisor a completed Leave Request form as soon as possible, and no later than four (4) weeks prior to the anticipated first day of leave.

The Leave Request form shall indicate:

The first day of maternity leave;
The estimated return to work date; and upon request,
A medical certificate substantiating the pregnancy

Employees who wish to return to work prior to the end of their maternity leave shall provide a minimum of four (4) weeks’ prior notice. Notice shall be made in writing to an employee’s immediate supervisor.

Documentation

NFN reserves the right to request documentation, including a medical certificate, to substantiate the pregnancy or hospitalization of a child for which maternity leave is taken.

4.12 Parental Leave

Objective

NFN employees are entitled to periods of unpaid leave when they become parents to a child.

This Policy applies to NFN employees.

Procedure

Employees who have been employed by NFN for at least thirteen (13) weeks are entitled to unpaid parental leave in the following amounts:

Sixty-one (61) weeks where pregnancy leave also taken;
Sixty-three (63) weeks where pregnancy leave was not taken; and
Seventy-one (71) weeks total where leave is shared between two parents.

Shared parental leave may be taken concurrently or non-concurrently.

Parental leave may begin no later than seventy-eight (78) weeks from the date of birth, or the date when the child came into the employee’s custody, care, and control for the first time.

Notice

Employees requesting leave under this policy shall submit a Leave Request form to their immediate supervisor at least two (2) weeks prior to the start of the requested leave period.

The Leave Request form shall include the employee’s last day of work, and anticipated return to work date.

Where a child is born, or otherwise arrives into the employee’s care, custody, and control earlier than expected, the employee may stop work immediately, but must provide NFN notice of the parental leave within two (2) weeks of the start of their parental leave.

In the event of short notice adoption, employees must provide written notice to their immediate supervisor as soon as possible and submit a completed Leave Request form no later than three (3) days after returning to work from leave.

Should an adoption not proceed, the employee must notify their immediate supervisor of return to work.

Employees who wish to end their parental leave early shall provide NFN at least four (4) weeks’ prior notice.

4.13 Compassionate Care Leave

Objective

NFN employees are entitled to compassionate care leave to assist a family member who is critically ill and needs care and support.

This Policy applies to NFN employees.

Procedure

Employees are entitled to twenty-eight (28) weeks of unpaid, job-protected leave in order to care for critically ill family members, who in the opinion of a healthcare practitioner have a significant risk of death within twenty-six (26) weeks.

Care or support may include, but is not limited to, supporting the individuals physical and/or mental health, coordinating third-party care providers, or providing direct, physical care.

Leave may be taken under this policy regardless of where the employee’s family member requiring care resides.

Where a medical certificate is issued, leave starts on the day indicated on the medical certificate. If leave was started prior to the issuance of a medical certificate, the leave is deemed to start on the first day leave was taken.

Leave ends on the date that the critically ill person dies, or fifty-two (52) weeks following the first day of the week in which the individual is certified as ill by a healthcare practitioner, or the medical certificate is issued.

Employees are encouraged to seek out any benefits to which they may be entitled under the Employment Insurance program during the period of compassionate care leave. NFN will not be responsible for paying wages to employees on Compassionate Care Leave but will continue to pay the premiums on the employee’s benefits plan while they are collecting employment insurance benefits.

Notice

Employees requiring leave under this policy shall submit a Leave Request form to their immediate supervisor in advance of the first day of the requested leave period, or as soon as possible thereafter.

The Leave Request form shall include the employee’s last day of work, and anticipated return to work date.

Documentation

NFN reserves the right to request a medical certificate from a health care practitioner with respect to the individual who requires care, in order to substantiate an employee’s need for compassionate care leave either prior to the start of leave, or during the leave.

At a minimum, the medical certificate shall contain:

The name of the health care practitioner providing the certificate;
The date of the employee’s communication with the healthcare practitioner;
The date of the family member’s visit with the healthcare practitioner; and
The healthcare practitioner’s assessment of the family member’s risk of death within twenty-six (26) weeks.

4.14 Critical Illness Leave

Objective

NFN employees are entitled to critical illness leave to assist a family member who is critically ill and needs care and support for several weeks.

This Policy applies to NFN employees.

Procedure

Where leave is sought with respect to a critically ill child, employees are entitled to up to thirty-seven (37) weeks of unpaid, job-protected leave to care and support a child who, in the opinion of a healthcare practitioner is critically ill and requiring the care or support of one or more family members for a specific period of time.

Where leave is sought with respect to a critically ill adult, employees are entitled to up to seventeen (17) weeks of unpaid, job-protected leave to care and support an adult who, in the opinion of a healthcare practitioner is critically ill and requiring the care or support of one or more family members for a specific period of time.

Leave may be taken under this policy regardless of where the critically ill individual resides.

Notice

The Leave Request form shall include the employee’s last day of work, and anticipated return to work date.

Documentation

NFN reserves the right to request a medical certificate from a health care practitioner with respect to the individual who requires care, in order to substantiate an employee’s need for critical illness leave either prior to the start of leave, or during the leave.

At a minimum, the medical certificate shall contain:

The name of the health care practitioner providing the certificate;
The date of the employee’s communication with the healthcare practitioner;
The date of the family member’s visit with the healthcare practitioner; and
The healthcare practitioner’s assessment of the family member’s requirement for care, and the time period for which care is required.

4.15 Cultural Leave

Objective

Eligible NFN employees are entitled to cultural leave in order to participate in cultural, religious or spiritual activities, or to participate in traditional activities such as hunting, fishing and harvesting.

This Policy applies to NFN employees who Indigenous persons.

Procedure

Employees who are Indigenous persons and have at least three (3) months of consecutive employment with NFN, are entitled to five (5) days of unpaid, job-protected cultural leave per calendar year.

NFN may restrict each period of leave to one (1) day.

In addition to the leave provided under this policy, Compensatory Time Off may be used for the purpose of traditional practices or participating in cultural, religious, or spiritual events.

Notice

To request leave, employees shall submit a Leave Request form to their immediate supervisor at least two (2) weeks in advance.

Requests for cultural leave shall be responded to no later than one (1) week after they are received.

4.16 Family Violence Leave

Objective

Employees who are the victim of family violence, or parents to a child who is a victim of family violence are entitled to paid and unpaid leave to seek medical attention, relocate on a permanent or temporary basis, participate in legal proceedings, obtain psychological or professional counselling, legal assistance or services from an organization aiding victims of family violence.

This Policy applies to NFN employees.

Procedure

Employees are entitled to ten (10) days of family violence leave per calendar year.

For individuals who have been employed for at least three (3) months with NFN, the first five (5) days of family violence leave shall be paid at the employee’s regular rate of pay.

Leave under this policy may be taken in one or more periods. However, NFN may require leave to be taken in full day increments.

Employees are not eligible for leave under this policy where they are charged criminally in relation to the family violence, or it is probable, in the circumstances, that they committed the family violence for which leave is sought.

Notice

As soon as possible, but not necessarily before taking leave under this policy, employees shall provide notice to their immediate supervisor, including the dates for which leave is to be taken. Wherever possible, this shall be done in writing, using the Leave Request form.

Employees shall provide their immediate supervisor notice of any changes to the leave period. This shall be done in writing, where possible.

Employees are not required to provide notice in a manner which could result in increased risk of harm to them or another individual.

Documentation

NFN may request in writing, no later than 15 days after an employee’s return to work, that the employee to provide documentation to support the reasons for the leave. The employee shall provide that documentation only if it is reasonably practicable for them to obtain and provide it.

4.17 Child Death and Disappearance Leave

Objective

Employees who have suffered the death or disappearance of their child who was under the age of 25 at the time of the death or disappearance are entitled to unpaid leave if the child has died or disappeared as a result of a probable crime.

Procedure

Employees are entitled to 156 weeks of unpaid leave if eligible, starting from the day the child died or disappeared. In the case of a disappearance, the Employee is required to return to work 14 days after the child is found. However, if the child is found during the 156-week period, the total period of the leave cannot exceed 156 weeks.

Documentation

4.18 Personal Leave

Objective

NFN employees are entitled to paid personal leave for the purposes of attending to:

the care and health of their family members;
the education of their family members under 18 years of age;
urgent matters concerning themselves or their family members;
their citizenship ceremony under the Citizenship Act, and
any other reason prescribed.

Procedure

Employees are entitled to five (5) paid days of personal year per calendar year.

Personal leave may be taken in one (1) or more periods. However, NFN may require employees to take personal leave in full day increments.

Notice

To request leave, employees shall submit a Leave Request form to their immediate supervisor for approval prior to taking personal leave.

The Leave Request form shall include the start and end date of the personal leave being requested.

Documentation

NFN reserves the right to request in writing and no later than 15 days after an employee’s return to work, that the employee provide documentation to support the reasons for the leave. Employee shall provide that documentation unless it is not reasonably practicable for them to obtain and provide it.

4.19 Travel Management Policy

Objective

Employees of NFN may occasionally be required to travel on business. This policy shall provide guidelines and direction to the necessary policies when employees are required to travel outside the community.

The provisions contained in this directive are mandatory and provide for the reimbursement of reasonable expenses necessarily incurred while traveling on NFN business, and to ensure employees are not out of pocket.

This policy applies to all NFN employees, contractors and others who travel on behalf of the NFN and where the NFN pays for the travel costs.

Where travel is paid by a third party, payment by the third party will be to the NFN. The traveler will then be reimbursed at the rates and according to the policies of the NFN.

This section establishes the rules and procedures for travel authorization, arrangements and financial accountability for NFN staff, or those designated to travel on behalf of the NFN.

Procedure

Each department/program will have a coded expense account established and designated for travel purposes. Funds for travel will be incorporated into program budgets.

The Band Manager and/or their Designate, appropriate Director, or designate, can authorize travel for staff or individuals traveling on behalf of the NFN. Such authorization shall be contingent upon:

a. travel costs being within the purchase authority limits.

b. availability of funds in the designated travel expense account.

c. travel being necessary for achieving the program’s objectives; and

d. the Band Manager having final authorization should the purpose of the travel be in question.

All travel arrangements for public transportation (e.g. air, car, van, train, bus, etc.) will be made by a Finance Administrator through the use of a Travel Authorization Form. (Appendix J) and approved by the Band Manager and/or their Designate.

Prior to traveling, each employee is required to fill out a Travel Authorization Form or a Travel Advance Requisition Form estimating all expenses (except public transportation).
Authorization and advance requisitions for travel of NFN business up to a maximum of $500 must be approved by the Finance Administrator. Travel advances in excess of $500 must be approved by the Band Manager and/or their Designate and anything over $5,000 must be approved by Chief and Council.
Car rentals will be reviewed and approved by the Band Manager and/or their Designate and must be requested through a Travel Authorization Form. Only the lowest economical vehicle to meet the need will be authorized.
Full insurance must be purchased. NFN will not be responsible for any traffic violations or parking tickets.
When travel arrangements are changed, it is the responsibility of each employee to advise the immediate supervisor or Band Manager and/or their designate, so the changes can be made when necessary.
Hotel reservations are the responsibility of the individual employee. It is up to the employee to advise the hotel if, for some reason, they will be a no show prior to the deadline time for their room reservation.

At the end of each trip, employees are required to fill out a Travel Expense Claim Form. Travel Claims must be approved by their immediate supervisor before going to the Finance Department. The Band Manager and/or their Designate will make final approval.

Travel Expense Claim Form must be submitted prior to any further requests for Travel Advances and must be submitted the within the first week of the employee’s return to work.

NFN will reimburse the employee for reasonable out-of-pocket expenses. Any monies owing to NFN will be repaid by means of arranging deductions from payroll cheques.

All expenses will require a receipt. Any expenses without a receipt will not be reimbursed by NFN. therefore, it is the responsibility of the employee to ensure that receipts are available.

Any charges made to NFN for any reason that does not related to First Nation business, if not repaid immediately, may be deducted from the employee’s next payroll cheque.

Per diem rates are as follows:

Breakfast – $12.50
Lunch – $12.00
Supper – $30.00
Incidentals – $10.50

Private accommodations (other than hotel/motel) rate is $13.50 per night with receipt and incidentals are $4.00.

Mileage

When employees are requested by the employer to use a private vehicle, they will be reimbursed at the rate of $0.42 per kilometre.

When employees are using a vehicle owned by NFN, they will be given gas money and any other necessary coverage.

Prior to any NFN employee utilizing a Band-owned vehicle, authorization must be granted by the Band Manager and/or their Designate.

The Band Manager and/or their Designate shall review and set rates for meal allowances and mileage rates for each new fiscal year, if applicable. Recommended changes will be written and approved by the NFN.

Employees of NFN travelling on official business outside of the community are expected to conduct themselves professionally. Failure to do so will result in discipline, up to and including termination depending on the seriousness of the unprofessional conduct.

4.20 Vehicle Policy

Objective

The objective of this policy is to address the regulations and guidelines surrounding the use of NFN Band issued vehicles and personal use.

This policy will also provide clarity on vehicles not owned by NFN that are rented for use.

Procedure

The use of the vehicle or vehicles owned, leased, borrowed or on loan to a third party by the NFN shall be in writing. The NFN Band Manager and/or their Designate will obtain the approval. The vehicle authorization form shall consist of a written agreement between the user of the vehicle and the owner of the vehicle.

The NFN will ensure that the vehicle or vehicles owned by the organization shall always have the appropriate insurance coverage and licensed driver.

Any person or persons authorized to use a vehicle or vehicles owned by the NFN shall ensure that the vehicle logbook is logged appropriately and documented with all relevant information required for the trip.

The Band Manager or Director will ensure that any NFN employee who is using an NFN vehicle is properly licensed to drive the vehicle in question, and that a copy of the employee’s driver’s license is placed in the employee’s personnel file.

A NFN employee who borrows an unofficial vehicle for official purposes shall ensure that the unofficial vehicle being used has appropriate insurance coverage. All appropriate documentation must be completed beforehand and submitted to the NFN Band Manager.

Accidents and Damages

All accidents involving any vehicle or vehicles owned, leased, borrowed or on loan to a third party by the NFN shall be reported immediately to the Band Manager. On the day of impact, employees shall notify police and shall notify the insurance company through the NFN Band Manager and/or their Designate.

On the day of the accident, a vehicle incident report shall be completed. Late reporting of an incident may result in a lost claim to the employee.

Section 5: Employee Conduct

5.1 Employee Conduct

Objective

The objective of this policy is to provide guidelines for employees to always conduct themselves ethically and professionally. NFN employees serve band members and clients, and are expected be aware of their responsibilities to their fellow employees, Band members, clients, stakeholders and the First Nation.

This Policy applies to all NFN employees.

Procedure

NFN employees are expected to carry out their duties as required by agreements and adhere to the Nibinamik First Nation policies and procedures.

All NFN employees shall comply with the Code of Conduct. In doing so, employees shall:

carry out the duties of their position to the best of their abilities;
devote themselves, during work hours, to their duties of employment;
adhere to the policies and procedures of NFN;
uphold the integrity and dignity of NFN, its programs, employees, government, and all other affiliated agencies;
promote the use of First Nations languages, values, traditions, and practices in the delivery of services;
behave, while on duty and in public, in a good way that reflects well on the First Nation;
disclose any conduct or information which may significantly impact the reputation of NFN or the ability for NFN to provide services to its members;
respect the laws and community standards of NFN and other First Nation communities visited in the course of employment;
use information obtained on the job for its intended purpose only;
arrive at work punctually each day unless there is a valid reason for absence or lateness, in which case the employee shall contact their immediate supervisor at the start of the working day and give an indication of when they expect to return to work;
maintain an appropriate standard of dress and general appearance appropriate to their duties;
fully attend all meetings, workshops, conferences, or other engagements assigned to them as official delegates of NFN and report back to their manager and/or Chief and Council on the proceedings;
refrain from using alcohol, drugs, or any other controlled substances during work hours, or while otherwise representing NFN, including in public places and on work-related travel;
use equipment, property, or supplies, which are owned, leased, or rented by NFN for authorized purposes only;
protect and care for all NFN property entrusted to them and report to their relevant manager any faulty equipment that requires repair;
refrain from engaging in public criticism of other employees, NFN’s leadership or the approved policies of NFN;
not attend work while intoxicated by drugs, alcohol, or any other substance;
respect the confidentiality of all records, materials, and communications obtained or viewed in the course of their employment;
refuse any fee, gift or other tangibles offered to them in reward for duties performed by virtue of their employment, except cultural offerings;
decline to receive travel or other reimbursements for the same meeting or other employment-related activity from two agencies;
serve members, their clients and all stakeholders with loyalty, determination and the maximum application of professional skill and competence;
not participate in or allow any behaviour intended to degrade, humiliate, intimidate, or cause fear to any community member, client, volunteer, or other employee; and
respect the culture, traditions and teachings of NFN and act accordingly.

An employee who has a grievance about the application of any portion of this Human Resource Policy may submit a grievance. Please refer to Section 3 – (3.11) Grievance Procedure.

A failure to abide by the Conduct outlined in this Policy may result in discipline, up to and including termination depending on the seriousness of the violating behaviour.

5.2 Media Relations Policy

Objective

The objective of this policy is to ensure that information relayed to the public regarding NFN is accurate, informative, and positive. NFN will work to manage information provided to media outlets, including traditional news media formats and online coverage.

Procedure

NFN will appoint a designated media spokesperson to convey news to media outlets and respond to their inquiries.

NFN strictly prohibits the disclosure of confidential information regarding our processes, objectives, employee information, financial information, or any other information protected as confidential.

NFN strictly prohibits the public communication of unverified information, e.g., rumours or information gathered from a third party.

NFN media releases must be approved by NFN Ogamakan and/or their Designate prior to their release.

5.3 Dress Code and Hygiene

Objective

This section’s objective is to provide guidelines for appropriate attire and hygiene for a safe, healthy workplace that promotes a high level of job satisfaction and a respectful work environment.

It is expected that employees will dress and conduct themselves in a manner appropriate to their duties and to the situation, keeping in mind that they represent NFN.

This Policy applies to all employees of NFN.

Procedure

Employees will dress in a manner safe and appropriate to their duties, work setting and to situations as they arise, keeping in mind that they represent NFN.

Employees will maintain a reasonable level of personal hygiene. Employees will also avoid wearing excessive scents which may affect employees or clients with allergies or sensitivities.

Employee shall not wear clothes with inappropriate prints or slogans, including by not limited to:

a) Profanity
b) references to drugs or alcohol
c) graphic images

Should an employee arrive to work dressed inappropriately; the immediate supervisor has the authority to address the concerns with the employee. In situations where the Employee’s hygiene or excessive scent, or clothing has the potential to impact other employees in a negative way, the supervisor may determine to send the employee home for the remainder of the work shift, at the discretion of the supervisor.

Employees found to be in violation of this policy that are sent home will not be entitled to pay for the missed work.

If the concerns with the employee’s dress, hygiene or excessive use of scents are not resolved, the supervisor may raise those concerns with the Director and/or the Band Manager. If the employee continues to fail to abide by directions regarding these issues, discipline may be imposed.

5.4 Conflict of Interest

Objective

This section’s objective is to provide guidelines during situations involving conflict of interest so that they may be navigated in an ethical manner that respects the overall interest of NFN.

All employees have a continuing responsibility to conduct themselves in accordance with the highest standards of integrity and fair dealings to avoid conflicts of interest, or even the appearance of conflict, between their personal interests and those of NFN.

This Policy applies to all employees of NFN.

Procedure

All known conflicts of interest are to be avoided. Prior to engaging in any activity that may place the employee in a conflict of interest, the employees are encouraged to make full disclosure of the proposed activity to the Band Manager, and seek a ruling from on whether the proposed activity constitutes a real or potential conflict of interest.

Any failure to comply with these conflicts of interest guidelines may result in disciplinary actions up to and including termination.

The following are examples of real or potential conflicts of interest, but is not a complete list of possible conflict of interest situations:

a) Being involved in the screening, interviewing, or hiring of immediate family members;

b) Holding any position, gaining financially, or carrying out actions that result in a conflict of interest between the employee and NFN;

c) Buying supplies for NFN from a family member’s store;

d) Having any material, direct or indirect ownership, interest or profit participation in an outside business that may have dealings with NFN;

e) Operating your program in a facility that you own and paying rent to yourself;

f) Approving invoices or cheques to yourself or a close family or community member; or

g) Having influence on a decision that would benefit yourself or a close family or community member

In the event of a conflict of interest, the individual should seek approvals or authorities from non-conflicted individuals to remove the conflict from the decision. An employee who believes that they may be in a conflict of interest, or whose involvement may result in a perception of a conflict of interest, should immediately speak to their Director and/or the Band Manager prior to engaging in any activity that may result in the conflict of interest.

After disclosing the potential conflict of interest, the employee shall work with the Director and/or Band Manager to attempt to resolve the conflict of interest together. A resolution may include the employee recusing themselves from the situation entirely.

Employees will generally be prohibited from acting as the immediate supervisor of a spouse, child, or family member due to the potential for an actual or perceived conflict of interest. Exceptions may be made on a case by case basis upon the direction of Chief and Council.

Non-reporting of Conflict of Interest

If it is determined that a conflict of interest exists but has not been reported, the employee involved in the conflict of interest may be asked to relinquish any involvement in the activity, and/or may be suspended temporarily from the activity giving rise to the conflict.

A failure to report an actual or perceived conflict of interest may also give rise to discipline, up to and including termination depending on the seriousness of the failure to disclose.

For more information regarding conflict of interest see Section 3 – (3.7) Disbursements and Section 24– Honourarium, Reimbursements for Loss of Wages, Other of the Nibinamik Frist Nation Financial Policies and Procedures.

5.6 Criminal Charges and Convictions During Employment Policy

Objective

As an employer, NFN believes that it is necessary to be aware of information regarding its employees which may have an impact on the organization, its employees, or any other person with whom NFN interacts. At the same time, NFN holds the view that criminal charges and convictions are not necessarily incompatible with new or continued employment with NFN in all cases.

NFN employees and volunteers are responsible for notifying their supervisor and the Band Manager of any criminal charges laid against them.

The objective of this policy is to provide for a clear and fair process by which it can balance the interests of all parties who may be actually or potentially impacted by the criminal charges or convictions of current and prospective employees.

Procedure

Should criminal charges be laid against any employee, they must notify their immediate supervisor before reporting or returning to their next scheduled work shift or workday and provide details of the criminal charges laid against them. No employee against whom criminal charges have been laid will be permitted to report for work until the matter has been reviewed and a determination reached by the Band Manager or their designate pursuant to this policy.

Employees who report a new criminal charge laid against them will be placed on an administrative leave of absence with pay for up to two (2) weeks while the matter, including the impact of the criminal charges, is reviewed by the Band Manager and/or other members to NFN Management, upon the request of the Band Manager. The period of suspension may be extended as required and may be with or without pay.

This notification permits NFN time to consider whether the employee so charged can continue to meet the bona fide and reasonable occupational requirements or qualifications for employment in their role. As well, it provides time to consider whether there are other relevant and reasonable factors that could have a detrimental impact on: (a) the person’s ability to perform the job, (b) the reputation of NFN as an employer, (c) the delivery of services to the community served, or (d) other relevant factors.

Employees or others failing to report a new criminal charge laid against them to their immediate supervisor will be subject to progressive disciplinary process in accordance with NFN’s Progressive Discipline Policy.

An employee against whom criminal charges have been laid is responsible for fully cooperating with NFN in its review of factors relating to the possible impact of the criminal charges on their employment role, duties, and responsibilities.

The employee is responsible for updating NFN regarding the progression of the criminal charge through the court process, including updates on court appearances.

Once a conviction is registered on the criminal charge, the matter is withdrawn, or the employee is found not guilty by a court of record, NFN will make a determination on next steps for the employee in their employment.

At any time during employment or while providing services to or on behalf of NFN, an employee may be required to submit to a Criminal Record Check. Failure to provide consent or to provide a Criminal Record Check may result in the termination of employment for no longer meeting the conditions of employment.

Where a prior criminal conviction has been overturned it will not be considered as a criminal conviction.

Section 6: Health & Safety

6.1 Controlled Entry Security

Objective

NFN depends on its personnel and assets, and must manage these resources with due diligence, taking appropriate measures to safeguard them from injury or damage. These measures include the implementation of procedures for maintaining the control of keys and the installation of locking devices on gates and doors on NFN’s premises.

Locking devices/keys are installed on all areas enclosed with sensitive information.

Procedure

If it becomes known that an area requires a locking device, the device shall be installed immediately to restrict access.

Procedure for Issuing Keys

All issuance of security keys is to be documented in a log at all times. In the event there are any changes to the list of key-holders (i.e., an individual is no longer employed by NFN), the log has to be updated.
All keys issued are to be protected against unauthorized copying. Any individuals who copy a key and/or provide their key to an unauthorized individual will be subject to disciplinary action, up to and including termination of employment.
Nibinamik Staff are expected to take necessary precautions to avoid losing keys.

6.2 Health and Safety Policy

Objective

NFN acknowledges the right of its employees to work in a healthy and safe environment. NFN is responsible for taking all reasonable precautions to protect employees, contractors, volunteers, visitors, and all other individuals at its worksites. Protecting employees from injury or occupational disease from accidents or incidents is a continuing objective. NFN will make every effort to provide a safe and healthy work environment for all staff. NFN believes that all accidents are preventable and active participation at all levels will help ensure accidents are avoided.

This policy outlines the responsibilities of all parties in maintaining a safe and healthy work environment. NFN will act in compliance with all applicable workplace health and safety legislation.

This Policy applies to all employees.

Procedure

NFN’s Responsibilities

With respect to health and safety, NFN is responsible for:

ensuring the development and management of a safe and healthy workplace, with the Band Manager having overall responsibility for the development and management of the NFN’s health and safety program;
ensuring employees have the necessary information, training, and supervision to perform their jobs safely;
promoting a culture of safety which empowers employees to bring attention to health and safety issues; and
adhering to its legislative requirements as an employer.

Employee Rights

All NFN employees have the following rights with respect to health and safety in the workplace:

The right to know of any foreseeable hazards in the workplace, and to be provided with the information, instructions, training, and supervision necessary to protect their health and safety;
The right to participate in identifying and correcting work-related health and safety concerns as a health and safety representative, health and safety committee member, and/or policy health and safety committee member, as applicable to NFN and its workplaces; and
The right to refuse unsafe work where the work and/or workplace represents a danger to oneself or another person.

Employee Responsibilities

NFN employees are responsible for the following with respect to health and safety:

using all safety materials, equipment, devices, and clothing that are provided by NFN and intended to protect employees;
following procedures relating to the health and safety;
following all instructions provided by the NFN concerning the health and safety of employees;
co-operating with any person carrying out a duty or function required by the applicable legislation;
reporting to NFN any thing or circumstance that is likely to be hazardous to employees or any other person in the workplace;
reporting all work-related accidents, occupational diseases, or other hazardous occurrences that have caused injury to any person;
reporting any situation believed to be a contravention of the applicable legislation by NFN, an employee, or any other person;
complying with every oral or written direction given by a health and safety officer or an appeals officer; and
responding in writing to a health and safety officer’s direction or report when requested to do so by the health and safety officer.

Health and Safety Committee

NFN will work with its employees to establish a Workplace Health and Safety

Committee (“Committee”) and/or a Health and Safety Representative as required by the applicable legislation.

At a minimum, the Committee shall be composed of an employee who does not exercise a managerial function, and the Band Manager or designate

Where the appointment of a Health and Safety Representative (“Representative”) is required, the individual appointed shall not be a member of NFN’s management.

Annual training will be provided to the Committee outlining their roles, responsibilities, and rights under the applicable legislation.

The Committee’s rights and responsibilities include, but are not limited to:

considering and expeditiously dispose of complaints relating to the health and safety of employees;
participating in the implementation and monitoring of a program for the prevention of hazards in the workplace that also provides for the education of employees in health and safety matters;
where necessary, participating in the development, implementation and monitoring of a program for the prevention of those hazards that also provides for the education of employees in health and safety matters related to those hazards;
participating in the development, implementation and monitoring of a program for the prevention of hazards in the work place that also provides for the education of employees in health and safety matters related to those hazards;
participating in all of the inquiries, investigations, studies and inspections pertaining to the health and safety of employees, including any consultations that may be necessary with persons who are professionally or technically qualified to advise the committee on those matters;
participate in the implementation and monitoring of a program for the provision of personal protective equipment, clothing, devices or materials
and, where there is no policy committee, shall participate in the development of the program;
ensuring that adequate records are maintained on work accidents, injuries and health hazards relating to the health and safety of employees and regularly monitor data relating to those accidents, injuries and hazards;
participating in the implementation of changes that might affect occupational health and safety, including work processes and procedures and in the planning of the implementation of those changes;
assisting NFN in investigating and assessing the exposure of employees to hazardous substances;
ensuring inspection each month all or part of the work place, so that every part of the work place is inspected at least once each year; and
participate in the development of health and safety policies and programs in accordance with the applicable legislative requirements for a health and safety committee.

The Committee and/or Representative is not responsible for investigating incidents of workplace violence, harassment, and/or sexual harassment.

Health and Safety Incidents

All work-related injuries or illnesses must be reported immediately to the employee’s immediate Supervisor and the appropriate forms completed. The report will be forwarded to the Committee. Alternatively, the report may be made directly to the Committee.

Health benefits and seniority will continue to accrue while an eligible employee is employed and absent from work because of a work-related injury or illness. The employee will continue to accumulate paid sick leave during an absence due to a work-related illness or injury.

The period of absence during which the employee is absent from work due to either a work-related injury or illness will also count when determining the employee’s entitlement to vacation leave or movement on a salary grid.

After an absence due to a work-related injury or illness, the employee will be permitted to return to work where it is reasonably practicable. NFN may assign the employee to a different position with different terms and conditions of employment if, after an absence due to work-related illness or injury, the employee is unable to perform the essential work done prior to the absence.

Any concerns or near misses should be reported to the health and safety committee or representative and the appropriate manager. Employees who voice or identify a health and safety concern will not be subject to reprisal or retaliation.

If an emergency occurs, employees must immediately report the incident to NFN Band Manager and/or their Designate. Appropriate responses will be dictated by the severity of the event and its effect on the health and safety of employees, visitors, and property.

An emergency is any number of unsafe conditions that pose a threat to people or property. This includes fire or smoke; natural disaster or severe weather; chemical, biological, or radiological incidents; and structural failures.

Refer to Appendix O – Emergency Action Plan for additional details.

6.3 Workplace Hazard Identification Policy

Objective

NFN has adopted this policy to ensure that all workplace hazards are identified and controlled appropriately. These measures have been taken to ensure the ongoing health and safety of our staff.

An occupational hazard is a thing or situation that can harm a worker. There are 2 categories:

Safety hazards that cause accidents that physically injure workers: and
health hazards which result in the development of disease.

Procedure

To reduce the potential for injuries at NFN, we will conduct a hazard assessment of all work areas and work processes.

Where a hazard creates dangerous working conditions, the work shall be halted until such time as it may be controlled effectively.

NFN shall address and resolve workplace hazards using appropriate controls either at the source of the hazard, between the source and the worker, or at the worker. Addressing the hazard at the worker could include appropriate use of PPE and/or training and education.

3-step process for dealing with workplace hazards:

Identify – Report any workplace hazards to your immediate supervisor. Recognition involves both identifying a hazard and determining if there is a possibility of workers being affected by it. If there is such a possibility, it must be assessed and if it is found to be significant, the hazard must be controlled. Employees are required to report any workplace hazards to their immediate supervisor immediately, to reduce the dangers to all other employees.
Assess – Determine the level of risk associated with the hazard. Discontinue work in the event that a workplace hazard creates excessive and dangerous work conditions.
Control – NFN will use all elements available to address and resolve dangerous workplace hazards. Control can be applied at the source of the hazard, along the path between the source and the worker, or at the worker. Control at the source is preferred.

Personal Protective Equipment

NFN will take every reasonable precaution in the circumstances to protect workers; this may include requiring them to wear personal protective equipment through the course of their job duties.
All PPE used by NFN, and its employees will be maintained in accordance with manufacturer’s instructions and requirements.
Band-issued PPE will be inspected at the time of issue and before each use by the employee. All PPE that is damaged, or in need of service or repair will be removed from service immediately.
All PPE that has been removed from service will be tagged “OUT OF SERVICE.” Any PPE tagged “OUT OF SERVICE” will not be returned to service until repaired and inspected by a qualified person. In cases where repair is not possible, the damaged PPE will be destroyed.
Failure to wear the required safety equipment may result in disciplinary action.

6.4 Reporting Workplace Injuries Policy

Objective

NFN will comply with all required regulations, legislation and workplace compliance issues regarding the correct reporting of any workplace injuries and will strive to prevent any potential workplace injuries through the implementation of health and safety policies and programs.

Please refer to Definitions (Appendix A) for the definitions of workplace injury, first aid, healthcare, critical injury.
All Incidents must be reported to NFN by filling out the Incident Report and Investigation Form (Appendix R).

NFN will report a work-related accident to WSIB if a worker requires healthcare and/or:

Is absent from regular work.
Earns less than regular pay for regular work (e.g., part-time hours).
Requires modified work at less than regular pay.
Requires modified work at regular pay for more than seven calendar days following the date of accident.

When deciding whether to report an accident where a worker requires modified work at regular pay for more than seven calendar days, NFN will consider that:

The seven-calendar day period is not reset for workers that initially require modified work for less than seven calendar days, return to regular work for a brief period, and then require further modified work. In these cases, the requirement to report is based on whether the worker requires modified work after the initial seven calendar days following the date of accident.
If a worker initially returns to regular work, but then requires modified work, NFN will report the accident if the worker requires modified work for more than seven calendar days from the date that the modified work began.

NFN will not require a work-related accident report if the worker:

Receives only first aid (a record of the first aid will be kept internally).
Receives first aid and requires modified work at regular pay for seven calendar days or less, following the date of accident.
Does not receive first aid but requires modified work at regular pay for seven calendar days or less, following the date of the accident.

When deciding whether an accident should be reported to the WSIB because “care” has been provided to the worker, NFN will consider the type of care provided, rather than the professional qualifications of the provider giving the care, or where the care was provided. NFN will report the accident to the WSIB when a worker is injured, and the treatment received could only have been administered by a health care practitioner.

NFN will not report the accident to the WSIB if first aid is provided to a worker by a:

Co-worker, manager, lay person, or
Health care practitioner, when the first aid did not require the professional skills of that practitioner.

Exposure to Infectious Disease

If the worker tests negative for exposure to an infectious disease, NFN is not required to submit an accident report.

If it is suspected that a worker has been exposed to an infectious disease, but the worker chooses not to participate in the surveillance protocol, NFN will report the accident to the WSIB.

Accident Reporting

NFN will report accidents through the use of:

a) reporting of injury/disease for 7 (Form 7)

b) WCB/WSIB-approved electronic reporting form

An employee who is injured or ill because of work, is first to seek proper medical attention. The employee must then inform the Supervisor/Manager so that NFN can give you support and fulfill its responsibilities.

NFN will comply with all legislated reporting timelines and will provide support to employees throughout the WSIB claims process.

6.5 Workplace Accident Investigation Policy

Objective

The Workplace Accident Investigation Policy is intended to provide the correct investigatory procedures in the event of a workplace accident/incident. The creation of complete documentation, proper reports and investigations of workplace accidents/incidents will increase our overall readiness to identify and resolve workplace safety issues, reduce workplace injuries, and increase efficiency.

Procedure

Responses to Accidents Resulting in Injuries Requiring Medical Attention

Stop the process immediately.
Contact the manager and a Health and Safety representative so that a joint investigation can be conducted (even if the injured worker is not available). Gather all available information such as:
- a. How did this accident occur
- b. Names of witnesses.
- c. Objects, equipment, parts or substances involved in the accident
- d. Maintenance records
- e. Is there a safe work procedure for the work being performed?
- f. Was procedure being followed?
- g. Did worker receive safety training for the work being performed?
Identify the root causes.
Determine and implement temporary or, if possible, long term corrective measures to address root causes before re-starting the process.
Complete an accident investigation form and provide copies to manager and the Joint Health & Safety Committee.
Ensure that copies of all records reviewed (training records, maintenance records, work procedures, safety talks, equipment drawings) are attached to the accident investigation.
Schedule follow-up review to review effectiveness of the temporary and long-term corrective measures implemented.

Critical Injury Response and Investigation

If the extent of injury is unclear but it appears that the potential exists that the injury may fall under the critical injury definition, treat the accident as a critical injury.

When notified of a Critical Injury the Supervisor shall immediately proceed to the accident scene and ensure that the area is secured and remains undisturbed until released by a Health and Safety Inspector.

The supervisor will contact management and the Health and Safety Representative so that a joint investigation can be conducted of the accident with that person once the injured team member is removed from the scene and it is safe to enter the accident area.

The Band Manager or other designated member of management will call report the critical injury to the appropriate board (M.O.L in Ontario 1-877-202-0008) within 48 hours. Tell the operator that you are reporting a critical injury. You will need to provide the name of the injured worker as well as the time of the accident.

If the root causes of the accident and corrective actions are identified, review these with the officer.

If the officer agrees with the corrective actions, they will release the accident scene and make arrangements to investigate. If the officer decides to investigate immediately, the accident scene must then remain secured until the officer has completed their investigation. The officer will provide further instructions including submission of reports.

6.6 Right to Refuse Unsafe Work Policy

Objective

In the event that a NFN employee encounters unsafe working conditions, or where the required equipment, tools or machinery present a serious health and safety concern, the employee shall have the right to refuse any work that they believe to be unsafe.

Please refer to Definitions (Section 2) for the definition of imminent danger.

Any NFN employee can refuse to work if they have a reasonable belief that one or more of the following situations exist:

Machinery, equipment or tools required in the performance of job duties present a safety hazard and their use may cause an injury to the worker or those nearby.
The working conditions are unsafe and may cause an injury to the worker or those nearby.
The workplace conditions or machinery, equipment or tools represent a physical danger to the health and safety of the worker or those nearby.
The worker has a reasonable expectation that the work would place them in danger of physical harm.

In the event of work being refused or stopped, the following actions are required of employers and employees:

The employee must inform the supervisor or Band Manager and/or their Designate of the work refusal immediately and provide an explanation detailing the rationale behind the refusal.
Stay nearby in a safe place until an investigation has been completed.
In the event that the employee is unsatisfied with the results of the investigation, the employee may continue to refuse the work provided where they have reasonable grounds on which to base the continued refusal.

NFN employees will not be disciplined for refusing to work if they have a reasonable belief that the work is unsafe or could endanger themselves or others.

In the event that a work refusal was made in bad faith, or if the worker continues to refuse the work after an inspector finds that the work is unlikely to endanger the worker, NFN may elect to utilize disciplinary action(s) up to and including termination of employment with cause.

6.7 Lockout/Tagout Policy

Objective

NFN is committed to the health and safety of all of its employees. NFN has adopted this policy to prevent accidents which might otherwise occur during servicing, repair or maintenance of equipment or machinery.

Please refer to Definitions (Section 2) for the definition of Energy Isolation Device.

There are many types of potentially hazardous energy including electrical, thermal, chemical, pneumatic, hydraulic, mechanical and gravitational energy. This Policy is designed to ensure all employees of Nibinamik First Nation are aware of the preventative measures in place to avert the accidental release of this type of energy. All such forms of this energy must be locked out, blocked or released to ensure that machinery or equipment does not turn on or move during the installation, servicing, repair or maintenance.

Procedure

Employees who perform maintenance on activities on equipment must be trained on the NFN lockout/tagout policy.

NFN will determine which energy isolating devices apply to the equipment / machinery being locked out.

When equipment is to be locked out NFN employees will follow these guiding principles:

Pre-plan for the lockout by identifying all energy sources and switches.
Procedures must be written and followed for equipment access, lockout / tagout, clearance, release and start-up.
Notification of lockout must be given to affected works.
Equipment / machinery should be shut down by normal means (i.e., turning switches to the off position, closing valves, etc.)
Equipment / machinery will be isolated from energy source by disconnecting or blocking the energy source.
Nibinamik First Nation will lock and tag the energy isolating device in which the worker has control over; a tag indicating that the equipment / machinery has been shut down will be placed upon it.
Workers will ensure that all energy sources have been isolated prior to working on the equipment / machinery.
When the work is complete, the worker must release the equipment / machinery from lockout.
The worker must test the equipment / machinery to ensure it is running correctly prior to the equipment / machinery being used normally.

The following procedures are to be followed by all NFN employees when using the lockout process beginning with preparation: Notify all affected workers of the intended lockout and the reasoning for it.

Machine / Equipment Shutdown and Isolation:

Shut down the equipment / machinery if in operation by the normal stopping procedure.
Implement the energy isolating device to ensure all energy sources are disconnected.
Stored energy must be released or disconnected.
Do not pull fuses instead of locking out the equipment / machinery. This does not guarantee that the circuit is dead.

Application of Lockout / Tagout:

Lock out and tag the energy-isolating device with an assigned lock.
If multiple workers are working on the same piece of equipment / machinery, each worker must lock out and tag the energy-isolating device using a personal lock and tag on the group lockout device.
Locks and tags must clearly show the name of the person who applied for it.
Locks and tags must be durable to withstand various environments ensuring the information on them remains legible (American locks with standard, laminated tags).
Locks and tags will be standardized in colour, shape, and size. They should be recognizable and state all the appropriate information about the lockout.
The individual lock and tag should be removed when the worker is finished working on the machine / equipment.

Verification of Isolation

Once all workers are in an area where they cannot be injured, verify that the energy sources have been disconnected and there is no possibility of the equipment / machinery turning on.
If there is any possibility of re-accumulation of stored energy, isolation of the equipment/ machinery must be verified periodically until the work is complete.
Operating controls are to be returned to their neutral position after the test. A check of system activation should be completed to ensure isolation.

Lockout / Tagout Interruption. Should there be a need to test or reposition equipment / machinery that is locked and tagged, the following steps are to be followed:

Clear the equipment / machinery from tools and materials.
Ensure all workers are removed from potential hazards.
Remove locks / tags according to the procedures set forth in this policy.
Test / reposition the equipment / machinery.
De-energize and relock / retag the controls prior to continuing to work.

Release from Lockout / Tagout

Inspect the work area to ensure that all items have been removed and that the machine
Equipment components are operational prior to removing the locks and tags.
Ensure other workers are a safe distance from any potential hazard which may occur.
Each worker who has affixed a lock to an energy control point must remove his or her own lock.
Notify affected workers that the locks and tags have been removed.
The equipment / machine is now ready for regular use.

In the event that a worker has left the worksite and had forgotten to remove the lock and tag, their direct supervisor must contact them to ensure it is ok to remove the lock. If the worker cannot be contacted, a thorough investigation of the machinery or equipment must be conducted by their direct supervisor, or the supervisor in charge. This must include a visual inspection of all areas affected by the lockout. Only once it has been deemed safe to do so can the lock be removed.

6.8 Personal Protective Equipment Policy

Objective

NFN is committed to the health and safety of its employees and as such has created this policy regarding personal protective equipment (PPE). PPE is legislatively required and can prevent many workplace injuries. This policy must be observed at all times when working in areas requiring PPE.

Procedure

All employees, guests, and visitors of NFN must wear appropriate CSA-approved PPE while in industrial areas. This may include safety glasses, steel-toed boots, long trousers, long-sleeved shirts, hard hats, and other specialty PPE. All of the PPE used and provided by NFN will comply with the requirements under relevant health and safety legislation.

PPE used by NFN employees should be stored and maintained in accordance with the manufacturer’s instructions and requirements. Any PPE that is damaged, broken, or in need of service or repair must be removed from service immediately and destroyed or repair or replacement requested from the direct supervisor.

NFN will maintain inspection and service logs for all specialty personal protective equipment. No PPE should be modified or changed contrary to its manufacturer’s instructions, specifications, or occupational health and safety legislation.

Management Responsibilities

Management will ensure that employees use the appropriate PPE for their job duties and location.
Managers will train and inform all employees on the use and inspection of PPE they may be required to use to perform their job duties safely.

Employee Responsibilities

Employees must follow all guidelines as outlined above and wear all required PPE when in designated areas.
PPE must be inspected at the time of issue and before each use by the employee. Any PPE that does not pass inspection must be reported to the employee’s direct supervisor.
Employees may not continue regular duties until they have been re-issued the correct PPE.

6.9 Workplace Hazardous Materials Information System (WHMIS) Compliance Policy

Objective

NFN values the safety and wellbeing of our workers and will work with them to provide every reasonable safety measure possible. In pursuit of our high safety standards, and in compliance with federal and provincial compliance regulations, NFN will provide WHMIS 2015 training for workers. WHMIS 2015 incorporates elements of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS).

WHMIS 2015 includes the new harmonized criteria for hazard classification and establishes the requirements for labels and safety data sheets (SDSs).

Procedure

Nibinamik shall ensure that:

NFN is up to date on all WHMIS 2015 changes and any applicable transitional timelines.
all legislative standards are met.
workers and managers receive information and training on hazardous materials and the safe use of hazardous products in the workplace (see the section below on the training and education program).
all containers holding hazardous materials have appropriate labels.
MSDSs are up to date, accessible, and contain additional hazard and precautionary information.
all workplace hazardous materials include supplier labels.
suppliers provide the appropriate supplier labels and MSDSs and
control measures are in place to protect the health and safety of workers.

NFN shall provide appropriate WHMIS 2015 training and education for all workers and managers who are exposed or likely to be exposed to hazardous materials in the performance of their regular job duties.

NFN shall consult the joint health and safety committee to ensure the appropriateness of the training and education materials and programs.

The worker training and education program shall include information on the following:

Supplier labels.
Hazard symbols and pictograms.
Safety data sheets (SDSs).
Hazard groups.
Hazard classes.
Hazard categories.
Hazard statements.
Signal words ; and
Procedures for the safe use, storage, handling, and disposal of hazardous materials in the workplace; handling leaks and spills; an emergency event involving hazardous products; and worksite-specific training on measures for working safely with hazardous products.

NFN will review its training and education program and content annually and revise as necessary. In the event of any changes, workers will be retrained and educated.

NFN workers will be compensated for time spent at training sessions, considered to be normal work time, and paid at their regular rate of pay, or at an overtime rate of pay as applicable.

NFN will respect the right of employees to be consulted regarding the development and implementation of the instruction and training and will open the discussion process to suggestions in a consultation period. Workers will have an opportunity to comment on:

The content of the program.
The amount of training.
Who is to receive what kind of training; and
Who will deliver the training program.

Employees Responsibilities

Participate in WHMIS 2015 training and education.
Report any violation of safe work procedures connected to WHMIS 2015 to their immediate supervisor, manager, or safety representative; and
Inform their immediate supervisor, manager, or safety representative if they do not have the proper information on a hazardous product: for example, the SDS is missing, damaged, or illegible.

6.10 Substance Abuse (Drug & Alcohol) Policy

Objective

NFN provides a drug free workplace. In keeping with the applicable legislation, the unlawful manufacture, distribution, dispensing, possession, or use of illegal drugs, non-prescribed legal drugs, or alcohol is prohibited in the workplace. Violation of this policy will result in appropriate disciplinary action, up to and including dismissal, and will be subject to appropriate legal sanctions.

This Policy applies to all NFN employees.

Procedure

Employees are strictly prohibited from reporting to work under the influence of alcohol, illegal drugs, or non-prescribed drugs. The use, possession, distribution or sale of non-prescribed drugs or alcohol while on duty is also not permissible.

“On Duty” includes the following:

during scheduled hours of work, including paid and unpaid breaks;
while working or traveling on behalf of NFN;
in First Nations where alcohol is prohibited;
when driving or operating a NFN supplied vehicle;
during the working hours of training sessions, workshops, conferences, meetings, or any other function where an employee’s attendance is required.

Every NFN employee has an obligation to maintain an awareness of the content of any by-law regarding the use of intoxicants in force in any First Nation that the NFN employee may enter.

For those working in safety-sensitive positions and/or with vulnerable people, contraventions of this Drug and Alcohol Use Policy may be grounds for immediate dismissal.

Employees are encouraged to let their immediate Supervisor know if they are experiencing problems related to alcohol and/or illegal/legal drugs. To the extent resources allow, management will assist employees who disclose problems of this nature, such as counselling or job-protected time off to attend a treatment centre.

If an employee is taking prescription drugs or over-the-counter medications that could affect their ability to work safely or efficiently, or has potential to require limitation, modification or restriction of duties, the employee must report this to the Director and work out an appropriate plan of action.

Each employee is responsible for notifying the Band Manager if they and/or another employee have been convicted of a criminal, drug, or alcohol offence, for which a pardon has not been granted. Continued employment will be dependent on the seriousness of the offense and the implications to the NFN.

Participation in Treatment Programs

If an employee is required to take a medically prescribed drug that may impair their performance or judgment, they must inform the Director immediately to ensure that safe work procedures will not be compromised.

NFN employees who are required to seek treatment daily as part of a recovery program must do so during their own time where possible (e.g., at lunch, before, after work).

Employees who require time off from work associated with a drug and/or alcohol addiction are encouraged to seek accommodation through the Employment Accommodation Policy.

6.11 Smoke-free Workplace

Objective

Cigarette smoke has been proven to be harmful to the health of both smokers and non- smokers that come into contact with it. In the interest of promoting a safe and healthy work environment, Nibinamik has adopted a smoke free workplace policy.

Procedure

Smoking shall be prohibited inside all official Band buildings.

This includes smoking or holding lighted tobacco or cannabis, an electronic cigarette or vapour product.
Smoke-free signage will be present at the entrances of such buildings.

This policy applies to all employees, guests, contractors, and visitors and extends to include band vehicles.

NFN has no intentions towards influencing the actions of employees smoking habits outside of the workplace and will not discharge employees or refuse to hire applicants on the grounds that they smoke.

This Policy does not intend to prohibit or restrict traditional practices, including the use of smudging.

6.12 Workplace Violence, Harassment, and Sexual Harassment Policy

Workplace Violence and Harassment Policy Definitions:

Complainant: refers to the individual making a complaint pursuant to this policy.

Harassment and Violence: means any action, conduct or comment, including of a sexual nature, that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee, including any prescribed action, conduct or comment.

Examples of Harassment include, but are not limited to:

spreading rumours or gossip about an individual or group
cyber bullying
making offensive jokes or remarks
socially excluding or isolating someone
tampering with someone’s work equipment or personal belongings
persistently criticizing, undermining, belittling, demeaning or ridiculing a person
public ridicule or discipline
unwelcomed physical contact
sexual innuendo or insinuation
unwanted and inappropriate invitations or requests, including of a sexual nature
displaying offensive posters, cartoons, images or other visuals
misusing authority, including:
- constantly changing work guidelines
- restricting information
- setting impossible deadlines that lead to failure, and/or
- blocking applications for leave, training or promoting in an arbitrary manner
engaging in any of the actions, conduct and comments outlined above against a person because of that person’s: race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability, or, any of the other prohibited grounds that the Canadian Human Rights Act lists.

Recipient: refers to the person who receives a verbal or written complaint made pursuant to this policy at first instance.

Designated Recipient: refers to the individual assigned to address complaints pursuant to this policy.

Respondent: refers to the individual against whom a complaint is made pursuant to this policy.

Violence can include but is not limited to the following acts or attempted acts:

verbal threats or intimidation
verbal abuse, including swearing or shouting offensively at a person
contact of a sexual nature
kicking, punching, scratching, biting, squeezing, pinching, battering, hitting or wounding a person in any way
attack with any type of weapon
spitting at a person

Objective

It is the policy of NFN to strive to provide a workplace free from harassment, violence, bullying, or victimization of any kind. To this end, NFN is committed to the prevention of and protection against workplace violence and harassment for all employees.
This Policy applies to all employees of NFN.

Procedure

Part 1: Anti-Violence and Harassment in the Workplace

Preventing and appropriately responding to workplace violence and harassment requires the participation of all NFN employees. The following responsibilities are further to NFN’s goal of a safe and healthy workplace for all which is free from any form of violence or harassment.

NFN’s Responsibilities

NFN will, in accordance with its legislative obligations, carry out workplace assessments to identify risk factors, and develops and carries out preventative measures. NFN shall reassess the risks of workplace harassment and violence as often as necessary to ensure that the related policy and other related programs continue to protect employees from workplace harassment and violence. Workplace assessments shall be monitored and updated at least every three (3) years, but as often as necessary to ensure that they remain effective.

NFN will, together with any other necessary party, be responsible for implementing the recommendations made as a result of an investigation made under this policy.
NFN will adhere to any and all reporting requirements related to violence and harassment as set out in the applicable legislation.

If NFN becomes aware that an employee may be subject to physical injury in the workplace due to domestic violence, NFN shall take every precaution reasonable in the circumstances to protect the employee.

Responsibilities of the Designated Recipient

The Chief and Council will review final report recommendations made by the Band Manager or other investigating employee with respect to any complaint filed under this policy and will make decisions regarding the disposition of the complaint and direct appropriate corrective actions to be applied, pursuant to the direction of Chief and Council.

Responsibilities of Management and Supervisors

Managers and supervisors are responsible for promoting a workplace which is free from violence and all forms of harassment. To this end, managers and supervisors will make every reasonable effort to ensure that no employee is subjected to violence or harassment through any action, decision, policy, or systematic mechanism.
However, all NFN employees are responsible for maintaining a work environment which is free from harassment and violence.

Managers and supervisors are responsible for taking steps to ensure that their actions and those of their employees with the public are conducted in accordance with NFN policy and procedures and in a professional manner. Upon receipt of a complaint, managers and supervisors will:

take detailed notes of the observations, and/or conversations with any person who approaches them about workplace violence or harassment occurrence(s);
immediately provide all relevant information to the Band Manager, who will be the ‘Designated Recipient’ to handle complaints; and
work with the Band Manager or another designated member of NFN’s Management as required to investigate and resolve the issue.

Managers and supervisors to whom complaints have been made or the Band Manager will advise the Complainant of the procedure for making complaints. Within seven (7) days after the day on which a complaint or occurrence is provided, the Complainant shall be advised that their complaint has been received or that they have been named or identified as the Complainant in a complaint. Managers and supervisors will inform the complainant that the Workplace Harassment and Violence prevention policy has been accessed, inform them of all steps in the resolution process and that they may be represented during the resolution process. All complaints must contain the following information:

the name of the Complainant and Respondent, if known,
the date of the complaint or occurrence; and
a detailed description of the complaint or occurrence.

Responsibilities of Employees

NFN employees are responsible for complying with policies and procedures, treating each other with respect, and avoiding conduct that may constitute unlawful harassment or violence in the workplace.

Responsibilities of the Band Manager

The role of the Band Manager includes but is not limited to:

receiving complaints from employees and/or witnesses either orally or in writing as the ‘Designated Recipient’;
advising the Complainant, the Respondent and the Respondent’s manager or supervisor (if appropriate) of the process in dealing with the complaint;
informing the Complainant, the Respondent and the Respondent’s manager or supervisor of the possible avenues of informal resolution available under this policy (i.e., mediation);
conducting investigations into complaints filed under this policy appropriate in the circumstances;
upon completion of investigation into any violence or harassment complaint pursuant to this policy, provide a written report of findings with recommended corrective actions as appropriate to Chief and Council;
declaring a conflict of interest or bias if the Band Manager considers that they may not be able to maintain impartiality during an investigation;
where a conflict of interest is identified, the Chief and Council will designate a suitable alternative individual to carry out the responsibilities of the Band Manager with respect to this policy;
after final disposition, the Complainant, and the Respondent (if appropriate) will be provided with a written summary of the findings and any relevant recommendations;
maintain confidentiality; and
keeping records safe.

Exception

Notice must not be provided in respect of a complaint or occurrence if the responding party is neither the employer nor an employee, exposure to harassment and violence is a normal condition of the employee’s work, and the employer has measures in place to address that workplace harassment and violence. Complainant may end the resolution process at any time by informing the Band Manager and/or another designated person that they choose not to continue with the process.

Training

NFN will provide all employees with Workplace Violence and Harassment training. Training shall be consistent with NFN’s culture, conditions and activities.
Training shall include:

the elements of NFN’s Harassment and Violence Policy;
a description of the relationship between workplace harassment and violence and the prohibited grounds of discrimination set out in subsection 3(1) of the Canadian Human Rights Act; and
a description of how to recognize, minimize, prevent and respond to workplace harassment and violence.

Training must be completed within three (3) months of an employee’s start date, and shall be renewed at least once every two (2) years after that, or following any update to the training or their assignment to a current activity or role for which there is an increased or specific risk of workplace harassment and violence.

As often as necessary, but at least every three (3) years, NFN shall review and if required, update NFN’s workplace violence and harassment training program and procedures.

Emergency Procedures

NFN has developed the following procedures for situations where harassment or violence poses an immediate danger to or threat to the health and safety of an employee.
In an emergency situation, the following procedure applies:

Employees are to summon immediate assistance and where necessary, notify the police.
Employees are to attend to any medical and psychological needs which require immediate attention.
Employees are to report the incident(s) to their supervisor or the Band Manager as soon as possible following 1) and 2) above.

Part 2: Workplace Violence and Harassment Complaints Process Complainant Rights and Responsibilities

Under this policy, the Complainant has the right to:

make a complaint;
disclose pertinent information relating to the complaint;
participate in the complaint investigation;
be apprised of the outcome of the investigation;
end a resolution process upon request; and
be free from reprisal and retribution for making a complaint

The Complainant has the responsibility to:

keep their involvement and the complaint confidential, except to the extent required for the full investigation and review of the complaint;
fully cooperate with investigators or other persons conducting the review of the complaint on behalf of NFN; and
seek further clarification or explanation of their rights, responsibilities and options as may be required.

Respondent Rights and Responsibilities

Under this policy, the Respondent has the right to:

be fully informed of the complaint, the process of the resolution, to have a copy of the allegations (not the actual complaint) in advance of being interviewed, and to be given the opportunity to respond to the complaint;
be accompanied by another person for support or representation, including an external representative and/or interpreter, if necessary, during interviews that relate to the complaint or occurrence;
receive fair treatment;
provide names of witnesses to the incident(s);
receive a copy of this policy; and
offer, at any time, a voluntary solution to the complaint.

The Respondent has the responsibility to:

keep their involvement and the complaint confidential, except to the extent required for the full investigation and review of the complaint;
fully cooperate with investigators or other persons conducting the review of the complaint on behalf of NFN;
avoid any comments or conduct which may be seen as reprisal and/or retribution for the complaint made against them; and
seek further clarification or explanation of their rights, responsibilities and options as may be required.

Complaints of Harassment or Violence

NFN encourages employees to report any instances of harassment or violence immediately. NFN will deal quickly and fairly with every instance of alleged or reported harassment and violence. All inquiries or complaints and information pertaining to a complaint will be treated in strict confidence. The name of the Complainant and Respondent, and the circumstances relating to the complaint, will be disclosed only where it is necessary for the purposes of investigating the complaint or for taking disciplinary action.

Any employees who experience violence or harassment in the workplace are encouraged to document the incidents of harassment or violence, and to note any witnesses to any such occurrences. This information should be shared with the Recipient at the time the complaint is made, and will be passed from the Recipient to the appropriate individuals so that the complaint can be dealt with in accordance with NFN policy.

Anonymous complaints will be considered as serious as non-anonymous complaints and dealt with according to this policy to the extent possible. However, a complaint may be deemed resolved where there is insufficient information to appropriately resolve the issue.

Where frivolous or vexatious complaints are made, the Complainant may be subject to disciplinary action. A frivolous or vexatious complaint is one which has no merit and is made to embarrass or harm a Respondent. A complaint may be unsubstantiated without necessarily being frivolous or vexatious. Where a Complainant has a reasonable and genuine belief that they were subject to violence or harassment, the complaint shall not be considered frivolous or vexatious.

Any reprisal or retribution carried out by an employee against an employee who makes a complaint under this policy shall be considered a form of harassment under the policy and will be dealt with accordingly.

An employee perceives that they have experienced violence, harassment, or sexual harassment in the workplace, should take immediate remedial action by following the following steps:

If possible, inform the offending individual that their conduct is unacceptable and unwelcome, orally or in writing. This may include a warning that a formal complaint will be made if the behaviour continues.
Keep a written record of dates, times, nature of the behaviour, quotes, and/or witnesses.
If the offending behaviour continues or cannot otherwise be addressed, report the offensive conduct to their immediate supervisor or the Band Manager.

If it is the Complainant’s immediate supervisor who is allegedly engaging in the offensive conduct, the Complainant should report to that person’s immediate supervisor or to the Band Manager.

Complaints should be filed as soon as possible to ensure prompt resolution of the complaint.

The Recipient shall request that the Complainant provide the complaint either orally or in writing. The Recipient shall inform the Complainant that it will be forwarded to the
Band Manager, or if necessary, a designate, forthwith. Thereafter, the Band Manager or their designate shall, within seven (7) working days, personally deliver to the Chief and Council a copy of the complaint, in the case of a written complaint, or a summary of the complaint, in the case of an oral complaint.

After reviewing a complaint, the Chief and Council may direct the Band Manager to investigate the complaint.

Complaints may be addressed and achieve resolution by means of:

negotiated resolution, within forty-five (45) days of the notice of complaint;
conciliation, where agreed by the parties; or
investigation.

Investigations will include an interview with the Complainant, the Respondent, and any witnesses, plus a review of any relevant documentation. The Complainant and the Respondent may be accompanied to any such interview by a representative of their choosing if they are not witnesses themselves. The Chief and Council and/or the Band Manager may also require the complaint to be investigated by an external investigator as necessary.

Former NFN employees make a complaint with respect to workplace harassment and/or harassment in accordance with this policy within three (3) months of their last day of employment with NFN. In such situations, this policy shall be followed to the extent necessary to finally dispose of the complaint.

Complaint Outcomes

Upon completion of the investigation, the Complainant and Respondent shall be notified of the date on which a final report is made and receive a summary of findings. The Complainant and Respondent will not receive the entire contents of the report. Following an investigation, a complaint may be 1) substantiated, 2) unsubstantiated, or 3) undetermined. The Band Manager will be responsible for directing the implementation of any recommendations made in an investigation report.

If a complaint is substantiated and it is determined that disciplinary action is warranted, such action shall be based on severity and not progressive discipline. The resolution process shall be completed within one (1) calendar year of both the complaint being brought to the Recipient and submitted to the Band Manager.

If the Complainant requests at any time following a complaint and/or during the investigation process that they be temporarily reassigned to another work area, NFN will make every reasonable effort to accommodate the request. If such reassignment is possible, the Complainant will be reassigned, without loss of pay, until:

the complaint is investigated and resolved;
the Complainant is willing to return to the original work area; or
the Respondent is no longer in the Complainant’s original work area.

Temporarily relocating and/or reassigning the Respondent may also be considered.
Requests for accommodation with respect to workplace harassment and violence shall be considered and approved wherever possible and reasonable in the circumstances. However, NFN is not required to accommodate employees in a manner which would result in undue hardship to the organization, considering health, safety, and/or cost, or any other factors which may be properly considered in accordance with the applicable law.

NFN will not tolerate any form of retaliation directed against a Complainant, witness, investigator or third party who participates in an investigation concerning harassment or violence. Any incidents of this nature are to be reported to the Band Manager in writing immediately.

Resolution of workplace violence or harassment complaints and/or other outcomes may be achieved through a cultural approach instead of or in addition to the processes set out in this policy. As an organization dedicated to healing and well-being, NFN supports employees who choose to pursue an appropriate cultural approach to resolving conflict in the workplace. Employees wishing to pursue such options with respect to a complaint of workplace violence or harassment shall make a request to the Band Manager. NFN shall allow resolution through a reasonable and appropriate cultural process provided:

the process is agreed to by all individuals involved; and
the process does not impede NFN from its legal duties to investigate or otherwise respond to workplace violence or harassment complaints.

6.13 Safe Driving Policy

Objective

Nibinamik has adopted this policy to provide employees with a set of guidelines to ensure that the safe operation of motor vehicles while under the employment of NFN, and to provide a set of procedures for acceptable use when operating NFN owned and operated vehicles, or while travelling on NFN business.

Procedure

Any NFN employee that operates a NFN owned and operated vehicle or a personal vehicle while conducting NFN business is required to:

Comply with this policy and its associated procedures.
Know and abide by all driving laws in all areas.
Hold a valid driver’s license.

Employees who are operating NFN vehicles must have provided a copy of their up to date drivers license to their supervisor prior to using the NFN vehicle.

NFN may require proof of insurance of its employees; if such a requirement is made, the employee must provide proof of insurance prior to using the NFN vehicle.

6.14 Privacy Policy

Objective

NFN respects the sensitivity of personal information and is dedicated to maintaining its confidentiality. NFN has, therefore, adopted this policy to protect its employees’ privacy of personal information and that of other community members.

This policy outlines the company’s commitment to privacy and establishes the methods by which privacy is ensured. This policy applies to all employee personal information in the company’s care, custody, and control.

Personal Information is any factual or subjective identifying information about an individual or group of individuals. This can include name, date of birth, address, income, email address, SIN number, etc.

Consent to collect and record personal information is considered obtained by NFN when an individual provides express consent orally, in writing, or through an applicable online action.

NFN will take every reasonable precaution to protect personal information with appropriate security measures, physical safeguards and electronic precautions.

Procedure

Nibinamik will ensure that:

Access to personal information is authorized only for the employees and other agents of the company who require the information to complete their job duties.
The computer networks and databases containing the information are secured with passwords to which only authorized individuals have access.
Active physical files are kept in locked filing cabinets.
Routers and servers connected to the internet are protected by a firewall and are further protected against virus attacks.

In addition, NFN will explain that NFN may share compiled demographic information with its partners, but no personal information that can identify any individual person will be disclosed without consent

NFN will collect and record the personal information of its employees. Employee information will only be shared when required for the administration of employer-provided benefits programs.

6.15 Electronic Monitoring

Objective

The objective of this policy is to provide for measures to prevent the far-reaching consequences associated with the misuse of computer equipment and various technologies provided by NFN to its employees for work purposes, including electronic mail (email) and access to the internet.

Procedure

NFN reserves the right to monitor an employee’s computer usage to ensure compliance with these policies. Alleged inappropriate use of the internet or other non-compliance with NFN policies will be reviewed on a case-by-case basis and may lead to disciplinary action up to and including termination of employment. Any information obtained through electronic monitoring of alleged policy non-compliance may be used in the disciplinary process.

6.16 Computer and Internet Usage Policy

Objective

NFN provides staff with computer equipment, the capability to send and receive email, and access to the internet to assist employees in carrying out NFN business. This policy seeks to provide guidelines surrounding the appropriate use of computers and the internet by employees.

NFN equipment, email, intranet, and internet systems are all considered NFN property and are not for personal use unless specifically authorized by an employee’s supervisor.

Procedure

Internet usage must be able to survive public scrutiny and/or disclosure. Users must avoid accessing sites that might bring the NFN into disrepute, such as those which carry offensive, sexually explicit, profane or otherwise unprofessional or unlawful materials, and must not transmit those materials over the internet.

Employees may use the NFN internet services for professional development or the performing of non-profit or community service, outside of scheduled hours of work.

Under no circumstances should the NFN internet service be used for personal financial gain or for gambling.

Sensitive information must not be transmitted or exposed to internet access unless appropriately secured.

In determining the appropriateness of internet transmission or access, and the appropriateness of security safeguards, users shall:

comply with the requirements of NFN’s Confidentiality Policy;
comply with the requirements of applicable legislation (e.g., PIPEDA, PHIPA); and
consider the degree of sensitivity of sensitive information.

Users should be alert to the potential dangers of computer viruses. Users must not download any software or electronic files without reasonable virus protection measures in place and should not execute any program or open any unsolicited attachments if they are uncertain of the expected results or do not know the source of the program. If you suspect that programs on your machine are infected by a virus, report the problem immediately to your supervisor.

A variety of firewalls, proxies, internet address screening programs and other security systems have been installed to assure the safety and security of the NFN network. Any employee who attempts to disable, defeat, or circumvent any NFN security facility will be subject to discipline in accordance with NFN’s Progressive Discipline Policy.

6.17 Email Usage Policy

Objective

NFN recognizes that email will be a commonly used method of communication for employees in the course of their job duties. The objective of this policy is to outline NFN’s practices and expectations with respect to employee email usage.

Procedure

NFN work email accounts are not private, personal emails. Employees shall ensure that for any personal correspondence, personal email addresses are used. NFN work email addresses should only be used for professional, work-related purposes.

All e-mail transmissions in and out, including the addresses of both the sender and recipient, are logged by NFN’s system. Normally, e-mail transmissions will only be intercepted or accessed for purposes related to the protection of NFN’s business interests or where disclosure is compelled by law, such as a subpoena. To this effect, NFN reserves the right to periodically review or inspect employees’ e-mail and to disclose the contents to third parties with or without notice to the employee.

All internal e-mails are deemed business records and remain the property of NFN. No e-mail messages are considered private, and employees should not expect that their messages will remain private.

6.18 Information Technology Policy

Objective

NFN is committed to ensuring that employees, and other partnerships are provided with secure, reliable information technology (IT) services, while protecting the confidentiality of confidential NFN and user information. This policy has been adopted to define the scope of administrator access as necessary to facilitate the continuous functionality and integrity of NFN resources and act in compliance with any applicable legislation.

All information about and information stored on our systems must be treated as confidential.

Only those who are required to have administrative level access will be granted administrative access for the performance of necessary, job-related tasks.

In the event that the system has been corrupted or is experiencing unresolved errors, the system administrator must be immediately notified.

In the event that a system administrator encounters illegal activities or wrongdoing on the network, he/she is required to report these activities to the NFN Band Manager immediately.

Backup Policy

NFN provides network storage space for work-related materials and files. Vital Information is stored on work on computers. Therefore, NFN has developed this policy in order to ensure that employees are backing up the data stored on the network.
Completing a computer backup ensures that the data and information stored on NFN computers are saved in a separate location as well. Backing up data protects NFN from permanently losing files due to such things as accidental deletion, viruses, software failure, etc.
NFN servers are backed up to cloud storage on a daily basis.

6.19 Access, Storage, and Retention of Confidential Information Policy

Objective

Further to its commitment to maintaining employee trust through appropriate handling of confidential information, NFN has adopted this policy to help ensure the maintenance of employee files for current and past employees in accordance with its legislative requirements.

Procedure

All personal information collected by NFN for employment purposes will be handled in accordance with applicable privacy legislation.

Employee records are considered confidential and shall not be disclosed to any third party without the express written consent of the individual to whom the records pertain, or as otherwise permitted by law.

For each employee, NFN shall maintain three (3) files, consisting of a:

Payroll file;
Personnel file; and
Medical file

A medical file is only necessary where a medical condition impacts upon the employment (i.e. where an employee takes leave, or requires accommodations etc.).

All employee files will be kept for a minimum of seven (7) years after the employee has stopped working for NFN.

Documents or copies of documents concerning confidential information which are no longer needed must be shredded before discarding.

Upon the end of employment, an employee’s files may be archived and stored separately from those of active employees. Archived employee files are otherwise subject to the same access, storage, and retention requirements as active employee files.

Employee files are considered confidential and shall be accessible only by authorized individuals. Individuals authorized to access employee files shall be determined on the basis that their job duties require access to information contained in employee files. Individuals shall be authorized only to access the necessary files. For example, a payroll employee may have access to employee payroll files, but not personnel or medical files.

Upon written request to the human resources department, current and former NFN employees may review the contents of their employee files in the presence of their immediate supervisor, or a designated member of the human resources department.

NFN shall maintain a log of requests by former or current employees to access their employee files, noting:

the date of the request;
the specific file or documents viewed or disclosed;
the reason for the disclosure (i.e., employee request, court order etc.);
the date the file or documents were viewed and with whom (i.e., former employee and human resources employee); and/or
the date the file or documents were released by NFN and to whom.

6.20 Employee Files Policy

Objective

NFN adopts this policy to help ensure the maintenance of employee files in accordance with its legislative obligations and to protect against disclosure of information for purposes other than the work of NFN and its employees, or as otherwise permitted by law.

Procedure

Personnel Files

NFN shall maintain and store personnel files.

When necessary for the performance of their duties, an employee’s personnel file may be accessed by their immediate supervisor, the Department Directors, the Chief Administrative Officer, the Chief Operations Officer, and the Executive Director.

Upon written request to the human resources department, NFN will provide employees with copies of performance evaluations and other performance related documents.

It is the responsibility of every employee to report any changes in name, address, telephone number, emergency contacts, dependents, marital status, etc. to their immediate supervisor, or the human resources department.

Personnel files shall generally include:

employee resume;
contract and offer of employment letter;
required tax forms;
employee group benefits form/pension;
criminal reference check/vulnerable sector check;
signed agreements;
verification of employee’s qualifications;
recognition and certificates for employee performance, or training courses;
performance reviews, personal correspondence such as grievances, memos, disciplinary action, etc.;
emergency contact information;
awards and certificates; and
records of attendance and leave approvals

Medical Files

NFN shall maintain and store medical files. Each medical file shall be kept separately from that of other employees.

A medical file shall be used to store information pertaining to an employee’s health and medical information received as a result of injury, sick leaves, benefits, etc.

The contents of medical files shall remain separate from other employee files, including personnel files and payroll files.

Medical files shall generally include:

required documentation from medical professionals to substantiate absence from work;
worker’s compensation claim forms;
documentation related to workplace injuries;
documentation related to accommodations; and
documentation related to return to work plans.

Payroll Files

NFN shall maintain and store payroll files.

The contents of payroll files shall remain separate from other files, including personnel files and medical files.

Payroll files shall generally include:

NFN employment history, including dates and titles held and associated compensation;
tax forms;
records of accrued sick leave, vacation, and overtime;
documentation related to merit or cost of living increases;
compensation records; and
payroll deduction and garnishment records, where applicable.

Human Resources Policies and Procedures Manual

Draft prepared on October 13, 2023

Table Of Contents

Section 1: Introduction​

1.1 Introduction

1.2 Mission

1.3 Vision Statement

1.4 Operating Philosophy

1.5 Purpose, Application and Format of Policy Manual

1.6 Disclaimer Statement and Agreement to Abide

1.7 Lines of Authority and Communication

Section 2: Definitions​

Section 3: Employment

3.1 Employees Categories Policy

3.2 Contractor and Employee Distinction Policy

3.3 Discrimination

3.4 Accessibility and Accommodation of Persons with Disabilities Policy

3.5 Recruitment and Hiring Policy

3.6 Preferential Hiring Policy

3.7 Payroll Administration Policy

3.8 Recognition Policy

3.9 Performance Evaluation Policy

3.10 Progressive Discipline Policy

3.11 Termination

3.12 Grievance Procedures

3.13 Grievance Process for External Complaints

3.14 Layoffs

3.15 Job Abandonment

3.16 Return of NFN Property on end of Employment

Section 4: Compensation & Benefits

4.1 Salaries

4.2 Hours of Work Policy

4.3 Disconnecting from Work Policy

4.4 Bereavement Leave

4.5 Education Leave Policy

4.6 Professional Development Policy

4.7 Sick Leave Policy

4.8 Medical Leave Policy

4.9 Vacation Policy

4.10 Public Holidays

4.11 Maternity Leave

4.12 Parental Leave

4.13 Compassionate Care Leave

4.14 Critical Illness Leave

4.15 Cultural Leave

4.16 Family Violence Leave

4.17 Child Death and Disappearance Leave

4.18 Personal Leave

4.19 Travel Management Policy

4.20 Vehicle Policy

Section 5: Employee Conduct

5.1 Employee Conduct

5.2 Media Relations Policy

5.3 Dress Code and Hygiene

5.4 Conflict of Interest

5.6 Criminal Charges and Convictions During Employment Policy

Section 6: Health & Safety

6.1 Controlled Entry Security

6.2 Health and Safety Policy

6.3 Workplace Hazard Identification Policy

6.4 Reporting Workplace Injuries Policy

6.5 Workplace Accident Investigation Policy

6.6 Right to Refuse Unsafe Work Policy

6.7 Lockout/Tagout Policy

6.8 Personal Protective Equipment Policy

6.9 Workplace Hazardous Materials Information System (WHMIS) Compliance Policy

6.10 Substance Abuse (Drug & Alcohol) Policy

6.11 Smoke-free Workplace

6.12 Workplace Violence, Harassment, and Sexual Harassment Policy

6.13 Safe Driving Policy

6.14 Privacy Policy

6.15 Electronic Monitoring

6.16 Computer and Internet Usage Policy

6.17 Email Usage Policy

6.18 Information Technology Policy

6.19 Access, Storage, and Retention of Confidential Information Policy

6.20 Employee Files Policy

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Section 1: Introduction

Section 2: Definitions