Job Specification

Purpose of Position :

To provide support to non-unionised workers with respect to occupational health and safety reprisals, including advice, investigation, representation and support at all stages of the complaint process. To provide support to non-unionized injured workers and their survivors with respect to workplace insurance (workers' compensation), including advice, investigation, representation and support at all stages of the claim and appeal process. To contribute to partnerships within the occupational health and safety and workplace insurance systems and with community partners.

Duties / Responsibilities :

In a decentralized agency, within the head office or a regional office, the position provides legal services, in English and French, before administrative tribunals by:

1. Independently planning and conducting preliminary in-person or telephone interviews with clients. Provides advice and information with respect to workplace insurance and health and safety reprisals, Workplace Safety and Insurance Act, 1997, Workers' Compensation Act and regulations, s. 50 of the Occupational Health and Safety Act, Workplace Safety and Insurance Act (WSIB) and Ontario Labour Relations Board (OLRB) policies and procedures.

2. Advising workers, survivors, their families and community partners on the WSIB claims and OLRB application processes, risks, limitation periods and essential evidence needed to for a successful resolution of their claim or application. Identify and advise claimant or applicant of non-meritorious cases. . Provides advice and direction regarding rights and remedies under other legal schemes, including wrongful dismissal actions, Employment Standards Act, 2000, Human Rights Code and other employment-related legislation.

3. Conducting Investigations of events and circumstances of the claim/application, obtaining, examining and analyzing relevant documents (e.g. WSIB file where applicable, job descriptions, physical needs analyses, personnel files) and expert opinions (e.g. physician or occupations hygiene reports) and evidence in accordance with rules of evidence and the law with respect to recognized investigative procedures. Ensures proper custody and control of documents. Identifies investigative barriers and recommends effective solutions.

4. Coordinating all parties to be interviewed and conducting interviews with workers, co-worker, witnesses, expert witnesses and other relevant persons.

5. Researching legal and medical/scientific workplace insurance and health and safety reprisal cases in order to evaluate relevant case law in Ontario and other jurisdictions. Refers to general and specialized medical references, texts, dictionaries and online resources. Evaluates and assesses merits of medical/scientific information.

6. Initiating and presenting workplace insurance/workers' compensation cases and advocating on behalf of clients at all levels of appeal. Discusses claim with employer and WSIB to facilitate fair and timely resolution where possible. Reviews interpretation and application of statute and regulations, WSIB policies, provides additional information and explains/clarifies factual disputes regarding the circumstances of the claim. Follows up on outstanding issues (e.g., decisions, claims, cheques). Prepares clients and witnesses for hearings and appeals, including coping with questioning and cross-questioning. Makes written or oral presentations to appeals resolution officers and WSIAT vice-chairs/panels, including questioning and cross-questioning witnesses, presenting evidence and arguments, rebuffing other parties' evidence and arguments. Where necessary, addresses Human Rights and Charter of Rights issues. Follows up on hearing outcomes.

7. Initiating and presenting occupational health and safety reprisal cases and advocating on behalf of clients at all stages of the OLRB application process. Drafts and files OLRB applications, including analyzing the evidence and developing a comprehensive report of the case and a determination of the evidence to be presented. Represents clients at mediations before the OLRB, including developing a mediation strategy, conducting settlement discussions with OLRB staff and/or members and opposing parties or counsel, providing legal advice to clients with respect to merits of proposed settlements and potential effects on other legal entitlements including common law, employment-related legislation and tax implications. Prepares clients and witnesses for hearings and consultations, including coping with questioning and cross-questioning. Represents workers at consultations and hearings before the OLRB, including hearing preparation, addressing preliminary and procedural issues, opening and closing statements, presentation of evidence, examination, cross-examination of witnesses, and responding to submissions and other arguments made by opposing representatives, including human rights and constitutional issues.

8. Referring clients in financial need to federal, provincial and municipal agencies and programs (e.g., Employment Insurance, Canada Pension Plan, social assistance). Advises clients of possible benefits available, interlace with WSIB benefits and application procedures.

9. Drafting correspondence and replies to casework-related correspondence, researches and writes research memoranda, guides and manuals and prepares casework tools such as form letters, forms and checklists. Develops training materials and delivers training to OWA staff. Develops public information materials, such as information sheets, self-help materials and website content.

10. In the context of a plan, undertaking community outreach and development to improve knowledge of workplace insurance, occupational health and safety and the role of the Office of the Worker Adviser among workers, employers, community and system partners. Prepares and delivers educational and outreach sessions to community and system partners and the public. Provides intake clinics in remote communities.

11. Supporting initiatives to improve internal OWA efficiency, teamwork and develop strong working partnerships within the OWA and with client communities, WSIB, WSIAT and the OLAB. Identifies opportunities to develop innovative solution with WSIB, WSIAT and OLRB for caseload management. Liaises regularly with WSIB, WSIAT and OLRB offices to foster good working relationships and remain current on developments. Keeps informed about changes in legislation, policy and procedure in Ontario and other jurisdictions. Participates in agency-wide system partnership projects.

12. Participating as a team member in reviews of OWA policies and procedures, resource and educational materials. Provides feedback and recommendations to management on key service issues and potential areas for improvement. Works collegially within the OWA to ensure information, knowledge and experience is shared (e.g., on areas where incumbent has developed specific case-type expertise). Provides advice and mentoring to new staff.

13. Participating in developing regional/local office and program delivery procedures (e.g., for development of reference library, setting up office filing system, intake methods, waiting list procedures). Provides feedback and recommendations to manager on key frontline service issues and potential areas for improvement. Performs tasks related to special projects.

Management has the right to assign other duties.

Staffing and Licencing :

Paralegal licensed by the Law Society of Upper Canada.

Knowledge :

Job requires:
• In-depth knowledge of current and predecessor versions of Workplace Safety and Insurance Act, 1997, Workers' Compensation Act and regulations, Workplace Safety and Insurance Board (WSIB) and Workplace Safety and Insurance Appeals Tribunal (WSIAT) structure, policies, procedures and case law to advise and represent claimants.
• In-depth knowledge of current and predecessor versions of Occupational Health and Safety Act and regulations, Ontario Labour Relations Board (OLRB)policies, procedures and case law to advise and represent applicants in reprisal complaints.
• Knowledge of employment-related law and policies including wrongful dismissal, employment standards, Canada Labour Code, human rights and employment insurance.
• Knowledge of mediation, conciliation, dispute resolution and negotiation techniques, practices and strategies to determine the appropriate techniques for the issues and parties and to make successful arguments and promote early resolution.
• Working knowledge of substantive and procedural law applicable to adversarial and inquisitorial quasi-judicial proceedings, including rules of evidence, administrative law (e.g., fairness/natural justice) and Statutory Powers Procedure Act.
• Working knowledge of evidence-gathering techniques, legal and medical/scientific research and analysis and evaluation techniques.
• Working knowledge of medical terminology and concepts to understand expert reports and other documents
• Knowledge of and skills in consultation and representation techniques.
• Knowledge of client service principles and project management techniques.
• Knowledge of Law Society of Upper Canada rules of professional conduct.
• Appreciation of community outreach and development techniques, educational and consultation services in order to assist clients and partners.

Skills :

Job requires:
• Skills in advocacy and presentation in a quasi-judicial system, alternative dispute resolution and negotiations, combined with judgement and problem-solving skills to bring about fair results as early as possible.
• Case management and administrative skills, initiative, results orientation and project management skills to manage a caseload and develop community outreach plans.
• Oral and written communication skills to conduct investigatory interviews and discussions, articulate issues, represent clients; prepare reports, recommendations, briefing and other materials; make presentations at outreach sessions
• Facilitation, persuasion, and mediation skills to elicit information from the parties, clarify issues, identify options and suggest alternatives, inspire trust and understanding of the needs of clients and claimants
• Tact and discretion when gathering, discussing and disclosing case-related information which may be sensitive and/or confidential
• Analytical and problem-solving skills to identify and resolve sensitive and complex issues, assess viability of each case, guide and counsel clients, and represent them in WSIB, WSIAT and OLRB negotiations and proceedings
• Case leadership, relationship management, team work and client service skills to bring about successful conclusions to cases.
• Research, file and information management, investigative and analytical skills to probe in interviews, gather and assess case information and develop arguments for claim.
• Team work to provide input to other cases, and development of improved procedures.
• Proficiency in using available PC-based/networked software (e.g., word processing, spreadsheet, presentations, case management, Internet and intranet, data input, etc.).
• Ability to meet tight deadlines, work within a high volume work environment, travel throughout the province, and occasionally manage irregular, extended work hours.
• Oral and written French language skills at the advanced level.

Freedom of Action :

Job is guided by the provisions of the Workplace Safety and Insurance Board,(WSIB), Workplace Safety and Appeals Tribunal (WSIAT) and Ontario Labour Relations Board (OLRB) policies and procedures and within related legislation and established precedents. Job exercises wide latitude in decision making in interpreting and applying these provisions appropriately bearing in mind the variables for each individual case. Job complies with Office of the Worker Advisor procedures, including those concerning case processing. Job requires determining approach for case management, researching facts and interviewing witnesses. Job allows freedom to choose how to advise clients and represent their case on their behalf, including written materials, negotiation and cross- examination strategies, and alternative dispute resolution techniques. Job requires judgment to determine when to seek assistance for unusual and unprecedented situations from OWA specialist staff, peers and/or manager.