Job Specification

Purpose of Position :

To provide specialist enterprise-wide case management services for the prevention review. investigation and resolution of workplace harassment and discrimination complaints and the implementation of workplace restoration. To provide expert advice and guidance to line management and senior management on workplace discrimination and harassment prevention (WDHP) policies, issues and trends. To model and contribute to an environment which supports and values diversity and inclusion and is
free of discrimination and harassment.

Duties / Responsibilities :

As an enterprise-wide specialist in WDHP in an organization that is focused on the government's “one employer' approach to service delivery, the position:

1. Provides expert advice and consultative/coordination services to senior management, human resources specialists and line managers in response to a wide range of WDHP complaints, issues and matters (e.g. personal harassment). Provides interpretation/explanation of related legislation;
corporate policies, programs and initiatives: and collective agreement provisions.

2. Supporting a portfolio of ministry clients, provides WDHP case management for a range of concurrent WDHP complaints referred from various line ministries. Conducts case reviews and assesses applicable policies/legislation. Conducts preliminary assessment by consulting with employees, line managers, and bargaining agents (as appropriate) to gather and analyze additional information to determine appropriate course of action and identify potential issues to be managed. Manages information associated with cases in accordance with confidentiality protocols associated with the policy and related legislation. Provides advice regarding complaints to line and senior management as to possible process strategies (e.g. mediation vs. investigation) and recommends resolution options (e.g. direct management action, alternate dispute resolution, internal or external investigation) for the particular case. Provides neutral advice and interpretations to all j:larties to a complaint throughout a complaint process.

3. Provides expert advice, guidance and support to the responsible manager during the complaint resolution process (e.g. provide investigation tools and resources).. May conduct mediation or investigations personally, if warranted, or generally recommends procurement of external service providers through the Vendor of Record. Assists the responsible manager in completing the Request for Service/Statement of Work. Coordinates the external investigation process including providing relevant information to the service provider, putting parties on notice, and coordinating the logistics of an external investigation, providing progress updates and flagging issues to the responsible manager, etc.
Analyzes and reviews the draft report to ensure that the evidence presented and the analysis of the evidence support the findings and conclusions, and can withstand third party scrutiny. Provides a performance evaluation of all investigators to Ontario Shared Services throughout the life of the VOR arrangement. Assists line managers in developing and implementing an appropriate workplace restoration strategy.

4. Promotes effective coordination with other corporate program areas (e.g.
Strategic Business Unit. Centre for Employee Relations, HR Advisory Services) regarding the management of corporate and ministry WDHP issues in order to facilitate overall enterprise-wide corporate management and effective client
service (e.g. provides advice on WDHP-related issues related to grievances, in consultation with HROntario specialists, ensuring the government's position is
technically accurate and effectively positioned and represented).

5. Provides input to the Project Coordinator in the development of operating procedures, guidelines, best practices, processes, benchmarks, performance indicators and other tools to enhance the effectiveness of program planning and reporting, streamlining of processes, the handling of WDHP complaints and responses to existing and emerging program issues and needs.

6. Assists the Project Coordinator in the development, delivery and coordination of educational, training and awareness programs including identifying program trends and knowledge/skills gaps, and contributing to bulletins, manager checklists/newsletters and/or other materials to maintain line management awareness of and support for WDHP objectives. May lead projects as requested.

7. Maintains liaison with other agencies and stakeholders (e.g. other jurisdictions, Ombudsmen's Office, Human Rights Tribunal) to gather Intelligence to initiate, influence or suggest alterations to proposed WDHP programs, processes or legislation and discuss common issues.

8. Inputs appropriate information into the case management system to track and analyze complaint management, investigations and resolution measures. Contributes to the development of program compliance data and statistical analysis to support individual case and broad program recommendations and drafts briefing notes and presentations to support senior management decision making.

9. Coordinates advice from appropriate parties (with responsible manager, Legal and Employee Relations) and participates in the development of appropriate recommendations to the' Deputy Minister following an external.l investigation. Prepares briefing materials for the DM and provides in person briefing(s), as required.

10. Prepares a variety of confidential and sensitive written communications eg. Issues notes, 9-month letters, 6-month workplace restoration review and flags contentious issues to the Team Lead and/or Manager of the WDHP Section.

Knowledge :

Thorough knowledge of current theories, principles, OPS policies, directives, guidelines and federal/provincial legislation/codes (e.g. Human Rights Code, OH&S Act. Equal Opportunity) related to WDHP to provide effective consultation and advisory services, manage complex WDHP complaints and provide specialist recommendations to management. Knowledge of human resources theory, policies, principles, techniques, OPS collective agreements and related legislation (e.g. EA/RTW policy, FOI/Privacy) to coordinate and provide advice and guidance for the resolution of grievances and other issues involving WDHP matters, identify program linkages and coordinate related issues. Understanding of organizational theory/dynamics related to equity issues in the workplace. Knowledge of administrative/civil law, due process, confidentiality/privacy issues and WDHP issues and trends/developments in other areas to respond to emerging issues, ensure effective case management, gather intelligence to influence or suggest alterations to proposed programs and processes and recommend program strategies. Knowledge of mediation, investigation and analytical methods, tools and project management, research and evaluation skills to identify and investigate legislative, policy and program issues/employee complaints, identify training need/gaps and develop prevention strategies, initiatives and solutions to support program delivery and legislative/program compliance. Strong analytical skills to conduct analysis. determine/recommend appropriate action to deal with complaints, consolidate findings and develop/interpret conclusions for program application. Planning and organizational skills to plan and coordinate work priorities within operational and legislative deadlines. Strong consultation, negotiation, interpersonal and communication skills to provide expert advice on sensitive and confidential legislative and corporate WDHP policy,
program and related issues, monitor service providers, conduct mediation/investigations. Develop and present reports, recommendations and proposed guidelines/best practices. draft/provide Input to procedures, briefing notes, reports and educational materials and represent ministry Interests/discuss trends/developments with program management and other agencies. Computer proficiency and knowledge of software applications to prepare reports, presentations, briefing materials and complex research materials. Strong presentation skills to deliver information and awareness sessions on WDHP related matters.

Judgement :

Work is performed under the general direction of the Team Lead, WDHP and within the framework of OPS policies, legislative authorities and collective agreements related to WDHP. Judgement is used to identify and analyze highly sensitive WDHP issues, involving possible danger to employees; maintain confidentiality and privacy of the parties; Interpret and apply policy and legislation, standards and guidelines and recommend input for the development of operating procedures, guidelines, best practices and processes to support program planning. Judgement is required in assessing complaints, determining appropriate course of action (e.g. mediation, investigation) recommending resolution options to senior management and ensuring due diligence on the part of the organization. Judgement is required in evaluating report.s prepared by WDHP external investigators to ensure conclusions are based on evidence
and appropriate consideration of the 'balance of probabilities. Judgement is required to ensure the soundness of recommendations to clients related to workplace restoration. Judgement is required in preparing briefing notes and issues papers and ensuring that senior management is alerted to emerging trends/issues In a timely manner. Judgement is required in determining and coordinating a proper course of action and making recommendations to management from a variety of options in order to ensure a viable and practical WDHP program. Judgement is required in researching and analyzing sensitive information, complaints, orders, decisions and directives from central/regulatory agencies, identifying systemic trends and recommending solutions that support organizational. and program objectives. Judgement is required in ensuring coordination of activities with management and other human resources specialists (e.g. HR SBUs, CER HR Advisory services) and that the program maintains an outstanding reputation and credibility in the field of WDHP. Judgement is required in dealing with managers and staff in difficult and emotionally charged situations, potentially with bargaining agents or legal representatives present.

Accountability - Programs :

Accountable for the quality of analysis and consulting services, the effectiveness or recommendations for the management of WDHP complaints and issues: effective management of confidential information and case files; and the development of resolution options. Accountable for recommending prevention and restoration strategies. Contributes to the development of program processes, policies and best practices to enhance program delivery objectives. Also accountable for the advice and expertise provided to management related to program policies. legislation and emerging issue-es to support sound management decision making.

Accountability – Personnel :

May lead teams on specified projects. Provides support to managers in managing staff.

Accountability - Finance and Materials :

Monitors consultant contracts and alerts the Manager to compliance, service and timeliness issues.

Accountability - Impact of Errors :

Failure to implement the WDHP Policy effectively impacts on the Deputy Minister's accountability. Poorly conceived assessments and recommendations could lead to increased complaints, danger to employees (e.g. overlapping cases of harassment and violence), financial and operational costs to the organization through grievances, poisoned work environment, costly litigation and loss of productivity. Ineffective recommendations for preventative strategies, processes and tools for implementing corporate directions and inaccurate advice could result in escalation to executive management, media exposure, process Inefficiencies, legislative non-compliance, misinformed managers, loss of program credibility, poor relationships with bargaining agents and a compromised WDHP function. Inappropriate information management may lead to privacy breaches.

Contact - Internal :

Regular contact with line and senior management including the Corporate Security Branch to exchange information, discuss issues and provide expert advice on WDHP matters to resolve complaints and ensue policy/legislative compliance. Regular contact with employees across the Enterprise to discuss their WDHP concerns. Regular contact with section/branch staff and other HR specialists to provide expertise on WDHP issues and consult on joint issues (e.g. grievances) and the development and implementation of programs, policies, standards, training materials and legislative amendments appropriate to OPS requirements. Regular contact with other ministry managers to respond to compliance issues, clarify legislation/regulations requirements, obtain/exchange information on issues of common concern, including consultation on technical, administrative and legal aspects of WDHP programs. Regular contact with MGS Legal Services to discuss investigation reports/correspondence and proposed management action (e.g. discipline).

Contact - External :

Occasional contact with other agencies, jurisdictions, educators and experts in the field
to discuss educational programs and obtain information on emerging issues or new procedures and processes. Frequent contact with union representatives and/or employee's legal counsel, to discuss specific cases and provide information. Regular contact with service providers (e.g. mediators, investigators) to discuss/ensure compliance with project terms and assess soundness of conclusions.