Back in September, at a Public Forum on "The Provincial Election and Disability Issues", Minister Jennifer Howard alluded briefly to a current review being made of Manitoba's legislation as it pertains to minimum wage exemptions for people with disabilities. This brief comment was the first (and, for most of us, the last) that we've heard on the subject.
As I understand it, the government is considering doing away with Permits that allow Manitobans with disabilities to be paid less than minimum wage - when their productivity is demonstrated to be less than standard for that job. (e.g. If an employee with a disability is only able to produce half of what a typical employee would produce in an hour, the Permit would allow the employer to pay that individual half of the presiding hourly rate for that job.) The government has been tight-lipped about this review. There is nothing available in writing and, in response to my own inquiries they were not forthcoming with anything except that it is being worked on internally with the involvement of a small number of people, said to "represent the community" of people with disabilities.
Most of the folks I have spoken with recently (people with key roles in the provision of employment services to Manitobans with disabilities) have not even heard that this legislation is under review - let alone been invited to confer on it. I have raised this issue in several forums and have suggested that, minimally, we press the government to report on who they expect will be affected by any changes, and how their lives will be changed by it.
This morning I was delighted to discover an article in my inbox that addresses this issue in a very thoughtful manner. Donna Seale, a Human Rights Lawyer (who was also particularly supportive of our Employment Expo last May) is the author. Donna's article gives some valuable insight into this legislative issue - and how the changes which are under consideration are likely to affect the lives of some very real people. I strongly encourage all of our readers to read it.
I can only hope that the provincial government will take Donna's words to heart. Years ago when I brought similar concerns to the federal government, as they were poised to make comparable changes to federal minimum wage legislation, a very senior bureaucrat retorted; "There are always an acceptable number of casualties in any significant social change." As Donna points out, changes to the Manitoba legislation are likely to be more symbolic than "significant" and casualties are far from "necessary".
Read Should employers be permitted to pay employees with disabilities less than minimum wage? by Donna Seale.
by Rob McInnes
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