Job Specification

Purpose of Position :

To administer, enforce and obtain compliance with the provisions of the Employment Standards Act 2000, Employment Protection for Foreign Nationals Act and related legislation through workplace inspections, complaint investigations, exercise of quasi-judicial powers, the resolution of claims and educational efforts.

Duties / Responsibilities :

In an assigned region of the province, is responsible for:

1. Investigating complaints of alleged violations of the Employment Standards Act 2000, Employment Protection for Foreign Nationals Act and related legislation by examining and auditing financial, personnel, payroll records, contracts of employment; gathering and evaluating evidence (e.g. conducting field visits or decision making meetings); interviewing employees, employers, workplace and other third parties with respect to the alleged violations to determine/ascertain validity of complaint; conducting and examining business/corporate, bankruptcy, and other insolvency searches; evaluating evidence as to third party liabilities; effecting voluntary resolution of non-compliance situations when possible and issuing and serving orders and notices when required.
2. Investigating and rendering decisions based on established standards, such as situations involving termination and mass termination, equal pay for equal work, severance; gathering evidence, calculating and computing entitlements/arrears owing to affected employee(s); effecting voluntary compliance or settlements with concerned parties when appropriate and/or issuing or refusing to issue orders to pay.

3. Enforcing legislation including issuing orders and notices (e.g. orders to pay, compliance, compensation and reinstatement; notices of contravention and notices to post); issuing certificate of offences and administrative monetary penalties. Participating in enforcement, collection and appeal processes; preparing and submitting to manager information/report containing detailed support for prosecution recommendations; performing duties of a Provincial Offences Officer by issuing Provincial Offences tickets and summons; giving evidence in appeal hearings and in court.

4. Conducting research to determine ownership of workplaces including sale of business, related companies and company directorships and to determine solvency; evaluating and analyzing evidence/information gathered, writing comprehensive reports on investigations outlining issue(s), applicable legislation, decisions and reasons for decisions; rendering and communicating decisions in a timely manner.

5. Planning and conducting workplace inspections in identified sectors to detect, correct and deter non-compliance situations, as appropriate.

6. Performing duties of a Provincial Offences Officer, e.g.: by issuing Part I offence notice, Part I and Part 3 summonses and giving evidence in court, serving summonses and summons to witness; acting as an agent of the Ministry in court proceedings such as; assisting in legal actions such as prosecutions related to contraventions; assisting in drafting and issuing search warrants, attending first appearances in court (Part 1's) and appearing as a witness at prosecutions.

7. Deliver presentations and educational seminars to internal and external stakeholders. Appear as a witness at appeal hearings.

Staffing and Licencing :

Valid drivers licence (Ontario Class G)
Oral and written proficiency in French at the advanced level OPS standard) and oral and written proficiency in English.

Knowledge :

Job requires thorough knowledge of content and intent of employment standards legislation and regulations (e.g. Employment Standards Act 2000, Provincial Offences Act, other related provincial and federal legislation), legal opinions, precedents, interpretive directives, policies and procedures, court and Ontario Labour Relations Board decisions, bulletins, federal bankruptcy and insolvency law in order to apply the law when carrying out inspections, conducting investigations, investigating complaints or informing employers or employees of their rights and responsibilities, interpreting and explaining intent of the legislation. Job requires knowledge and understanding of general concepts, theories and principles of administrative law, e.g. procedural fairness, dynamics of industrial relations in the workplace, application of rules of natural justice in investigations and in making quasi-judicial decisions in issuing orders, denials and conducting decision making meetings. Job requires thorough knowledge of ministry/division and program policies and procedures to conduct workplace inspections and investigations to determine compliance, identify contraventions, issue orders and notices, and an understanding of ministry and government business plans in order to communicate program directions to clients. Job requires knowledge of dispute resolution techniques and their applications, general understanding and knowledge of workplace operations/ownership, business practices, payroll record systems, accounting and record-keeping systems and employer/employee relations to gather the necessary data, analyze and assess issues, locate employer to be held accountable, determine violations and effect a resolution. Job also requires thorough knowledge of investigative and interview techniques to obtain facts/data, make assessments and decisions. Job requires knowledge of court procedures, practices and processes to prepare and submit information on possible prosecutions, assist attorneys in legal actions, and to act as an agent of the Ministry in court proceedings.
Knowledge and understanding of computer information technology systems in order to use data to input/access information and generate reports.

Skills :

Skills

Job requires analytical, investigative and research skills to determine complex rights, responsibilities and entitlements to meet the standard required by the Employment Standards Act 2000, Employment Protection for Foreign Nationals Act and related legislation. Job requires mediation, negotiation skills to facilitate possible settlements that are acceptable to the parties to settle disputes. Job requires interviewing skills to collect information and take statements from relevant parties. Job requires interpersonal and dispute/conflict resolution skills to effectively conduct and manage meetings with clients having different needs and interests and to remain objective when dealing with personality conflicts or conflicting agendas. Job requires decision making skills to make timely interpretations and determinations under the statute and other related legislation. Job requires the ability to read and interpret legislation and documents. Job requires written communications skills to write orders, prepare accurate and comprehensive reports, letters and arguments based on findings. Job requires verbal communication skills to act as a public speaker for presentations, and educational seminars, appear at hearings and court proceedings as a witness and to communicate effectively with stakeholders throughout the investigative process. Job requires interpersonal and teamwork skills to develop and sustain positive working relationships at all levels. Job requires emotional control/self discipline and conflict management skills to handle potentially adversarial and high stress situations. Job requires excellent organizational, planning, and time management skills to independently complete work consistent with Ministry business plan and service quality standards. Job requires auditing and accounting skills to review payroll and accounting records, business/corporate documentation, and the ability to calculate complex monetary assessments. Job requires computer skills to input/access information and generate reports.

Freedom of Action :

Job requires working according to relevant provincial statutes, regulations, ministry and division business plans, administrative and program directives and procedures and adherence to Regulators Code of Professionalism. Job has considerable latitude in conducting on-site investigations and in making decisions in the application and interpretation of legislation, policies, precedents, and guidelines e.g. having the legislated authority to make decisions after carrying out an inspection or investigation which can be appealed to the Ontario Labour Relations Board. Job requires making decisions about settlements and payment arrangements and ordering reinstatement or compensation for dismissing an employee in contravention of the legislation. The job contains the authority to issue monetary orders to an employer which can be substantial. Job requires making decisions about what actions must be taken to achieve compliance with legislation. Work is subject to review for quality assurance and adherence with legislation, regulations and ministry/division administrative and program policies and procedures and to ensure proper application of the law. Job may require consultation with Regional Program Coordinators, Managers, and other regional, head office specialists on highly sensitive, potentially contentious matters/issues, or where the application of legislation is open to varied interpretation, or where situations are outside policy. Job requires coordinating own workload.