Job Specification

Purpose of Position :

To administer, enforce and obtain compliance with the provisions of the Employment Standards Act 2000 and related legislation through workplace inspections, complaint investigations, exercise of quasi-judicial powers, and 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 and related legislation by examining and auditing financial, personnel, payroll records, contracts of employment; gathering and evaluating evidence (eg. conducting field visits or 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 severance, equal pay for equal work, leaves of absence; gathering evidence, calculating and computing entitlements/arrears owed to affected employee(s); effecting voluntary compliance or compromise settlement with concerned parties when appropriate and/or issuing orders to pay when required.

3. Enforcing legislation including issuing orders and notices (eg. orders to pay, compliance, compensation and reinstatement; notices of contravention and notices to post); issuing fines 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 Certificate of Offences; giving evidence in tribunal appeal hearings and in court.

4. Conducting research to determine ownership of workplaces including sale of business, related companies, 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. Encouraging and facilitating voluntary compliance by communicating with clients or stakeholders (e.g. employers, employees, public, counsel) explaining application, entitlements; interpreting legislation and related statues; conducting seminars on employment standards law to employers, employees, sectoral organizations, schools, professional groups to promote awareness and compliance with employment standards legislation; recommending changes to policy and procedures; providing telephone and in-person services; identifying contentious issues for senior management, providing facts and information and/or preparing briefing and house notes, as required.

7. Coaching/training other staff by providing knowledge, accompanying them on field visits or attend meetings, participating on Ministry committees.

Staffing and Licencing :

Valid driver's licence, as required.

This position requires enhanced-level screening check under the OPS Employment Screening Checks Policy which includes a criminal record check, local police record check, driver records check (at time of hire) and credit check.

Knowledge :

Job requires 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 fact-finding meetings. Job requires 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 knowledge of investigative and interview techniques to obtain facts/data, make assessments and decisions. Knowledge and understanding of computer information technology systems in order to use data to input/access information and generate reports.

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 and related legislation. Job requires mediation, negotiation 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 witness, as a public speaker for presentations, and educational seminars 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 -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.
- 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 cannot be
overturned but 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, District/Program 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.