Job Specification

Purpose :

Senior Review Officer
To resolve highly complex, politically sensitive, and potentially economically significant disputes of systemic gender wage discrimination arising from the interpretation, application and enforcement orders of the Pay Equity Act and its Regulations

To investigate, settle and provide first level adjudication on issues involving overlapping elements of human rights, labour relations, employment law, and compensation theory and practice in workplace situations that include all union/non-union employees of all public sector employers and those private sector employers covered by the Act.

Initial Review Officer
To provide technical advice, interpretation of the Pay Equity Act and support to the development of Pay Equity Plans.

To lead the enforcement of the Pay Equity Act through the proactive monitoring, investigation, resolution of routine complaints.

Key Responsibilities :

Senior Review Officer
1. Investigates objections and complaints by conferring with the applicant(s) and respondent(s) and other involved parties both individually and jointly and by examining and analyzing compensation records, job evaluation systems and results, collective agreements, minutes of meetings, pay equity documents and any other relevant data that pertain to pay equity plans or processes.
2. Provides first level adjudication to determine the merits of disputes and to direct corrective action that may include monetary penalties, reinstatement and/or compensation in anti-reprisal situations. Facilitates settlements and negotiation of a variety of complex resolution and multi-issue disputes between parties including: failure to reach agreement, failure to prepare or implement plans, reprisals, changed circumstances, sale of business, mergers and amalgamations or any contravention under the Act.
3. Provides advice on many aspects of pay equity including: job evaluation methods and systems, compensation systems, the appropriate use of the three comparison methods (job to job, proportional value, proxy), gender neutrality and the conduct of single and multiple regression analysis.
4. Monitors the preparation and implementation of pay equity plans in selected sectors to determine base rate of compliance; prepares pay equity plans when ordered to do so by the Pay Equity Hearings Tribunal, which may involve retaining compensation consultants and monitoring their work.
5. Issues binding written orders or notices of decisions to direct the actions of the workplace parties to resolve the dispute on the basis of the order without the need to proceed to the Pay Equity Hearings Tribunal; monitors compliance with orders and seeks enforcement of non-compliant orders by referring them to the Tribunal.
6. Exercises powers of entry, search and seizure under warrant and may enter any premises to inspect and remove documents and to question persons on matters that are relevant to carrying out prescribed duties; ensures appropriate disclosures, due process and the confidentiality of client information when investigating and facilitating settlements.
7. Trains committees on how to collect job information, prepare job descriptions, and evaluate jobs in a way that meets the standards of gender neutrality in compensation systems according to existing jurisprudence.
8. Participates in sensitive procedural, interpretive and case issues at committees and meetings; contributes to group decisions on policy and group process concerns. Participates in, or conducts special assignments upon request which may involve speaking engagements, policy development, strategic planning, professional development initiatives, or the orientation and training of new program staff or students.
9. Manages a range of assigned, concurrent cases by determining priority and monitoring implementation deadlines. Manages information associated with cases in accordance with confidentiality protocols associated with the program and related legislation. Completes case activities and status reports in accordance with quality and service standards, and ensures case files are up-to-date and accurate.

Initial Review Officer
1. Conducts investigations, including meeting with employers and employees and/or their representatives (e.g. lawyers, unions). Interviews, examines and evaluates their input and evidence; conducts further research; supports the development of pay equity plans; and develops options and appropriate courses of action within legal requirements.
2. Provides the parties with process guidance and impartial advice, explanations and approved interpretations to encourage/enforce compliance. (e.g., the principles and outcomes of accepted methods for position comparisons; applicable interpretations of the Act and policies; information about comparable precedents set by the Tribunal).
3. Supports and expedites employer compliance with advice and information on generic pay plans and compensation policy, and provides technical input into case-specific, ordered pay plans.
4. Issues notices of decisions, or recommends issuing of notices, in cases where no contravention of the Act is found.
5. Works collegially with other review officers on special projects, identifying and recommending new/changed branch procedures and initiatives. (e.g., developing and deploying new/revised tools, such as surveys; analyzing results and identifying trends and possible problems), and raising these for discussion at Branch meetings; and following through as agreed (e.g., by contacting employers to initiate education sessions, fact-finding).
6. Supports program training efforts by providing technical expertise to content development and support at seminars, as required.

Qualifications :

Not applicable

Factors :

Knowledge :

Senior Review Officer
Pay Equity Act and Pay Equity Hearings Tribunal, their regulations and guidelines, interpretation, jurisprudence and practices; administrative law to enforce the requirements of the legislation.

Relevant legislation in Ontario including the Ontario Human Rights Code and Employment Standards Act and the Freedom of Information and Protection and Privacy Act, bankruptcy and insolvency legislation and employment law jurisprudence to determinate appropriate remedies in reprisal situations.

Employer-employee and employer-union relations, collective bargaining and collective agreement language as it affects pay equity and the content and application of the principles of natural justice and procedural fairness.

Job evaluation/comparison systems, and compensation practices, including the collection of job information and pay line regression analysis.

Casework management and electronic case management systems to prioritize assigned files according to urgency.

Investigation techniques to enter any premises to inspect and remove documents and to question persons, on matters that are relevant to carrying out prescribed duties.

Initial Review Officer
Pay Equity Act and related Commission policies, procedures, practices and precedents in order to: conduct investigations into complaints; analyze complaints and issues; research and determine appropriate courses of action within legal requirements for cases of non-compliance; advise parties and legal counsel on accepted interpretation of matters and remedies available; prepare case reports for submission to the Tribunal, etc.

Theories and principles of equitable pay and accepted job evaluation/comparison systems, processes, methods and remedies, and related legislation, pay equity-related provisions/solutions in other jurisdictions, and current issues and trends in the field, including the impacts of systemic discrimination and stereotyping on women's pay, in order to: conduct valid and reliable investigations and analyses; identify problems with pay plans; gather evidence that meets the standards of proof in a quasi-judicial process; and advise on/participate in development of compliant pay plans.

Employer-employee relations, including labour relations and collective bargaining to understand the positions taken by parties, accommodate and advise on the impact of collective bargaining processes and status affecting each case; and steer the pay equity resolution process to achieve early compliance.

Planning and organizational skills to plan and execute concurrent activities effectively, ensuring proper management of assigned cases and materials, and ensuring the delivery of timely and quality services and outputs.

Case management systems to obtain and organize data; prepare analyses and reports and knowledge in investigative techniques.

Program Responsibility :

Senior Review Officer
Responsible for the examination and analysis of cases in order to provide timely advice and make decisions that reinforce the “self-managed” premise of the Act; these decisions may impact statutory rights of employers, employees, and bargaining units with respect to their entitlements, protection and financial liability.

Responsible for providing advice on many aspects of pay equity including: job evaluation methods and systems, compensation systems, the appropriate use of the three comparison methods (job to job, proportional value, proxy), gender neutrality and the conduct of single and multiple regression analysis.

Responsible for facilitating settlements and negotiation of a variety of complex resolution and multi-issue disputes between parties including: failure to reach agreement, failure to prepare or implement plans, reprisals, changed circumstances, sale of business, mergers and amalgamations or any contravention under the Act.

Responsible for maintaining order, flow and harmony to create a positive atmosphere and to encourage parties to adopt a co-operative approach and a demeanor that reflects political sensitivity and mutual respect and understanding for each other's positions and viewpoints.

Responsible for determining appropriate strategies, general approaches, and timing to be taken in each file to critically impact negotiations by maximizing opportunities for settlement; considers factors such as: the issues and their history, the relationship of the parties, individual personalities, economic climate and other unique factors.

Responsible for making decisions on and prioritization of case activities to ensure timely and effective resolution of cases.

Initial Review Officer
Responsible for providing timely, approved advice, interpretations and process facilitation in the form of analyses, plan reviews, (including pay equity plans as ordered by the Tribunal), and related materials to resolve pay equity disputes and support timely compliance/enforcement.

Responsible for leading and resolving files related to seizure activities.

Responsible for planning and prioritizing to balance competing demands and ensure case management progress to satisfy legal requirements and PEC standards.

Responsible for participating in and proactively contributing to improvements and special initiatives to support continuous improvement in the review program/service.

Analytical Thinking :

Senior Review Officer
Interprets relevant legislation in order to issue binding written orders or notices of decisions to resolve pay equity disputes.

Identifies issues in disputes and evaluates the needs of parities in order to arrive at viable settlement options.

Analyzes contentious and highly sensitive legal and regulatory obligations to determine appropriate strategies and general approaches.

Initial Review Officer
Identifies issues related to pay data, pay equity complaints in Ontario and related polices to ensure the integrity, validity and reliability of proposed solutions to promote and/or enforce compliance.

Identifies and recommends new/changed procedures and initiatives that assist the ongoing monitoring in the field to identify and gauge the level of compliance with the Act.

Planning / Coordinating :

Senior Review Officer
Plans, organizes and schedules heavy workloads and arranges mutually convenient meetings with sometimes uncooperative parties.

Organizes and chairs meetings and coordinates travel and accommodation schedules.

Initial Review Officer
Plans investigation of assigned files, including thorough research, analysis and assessment. Coordinates the gathering, synthesis and analysis of data/information pertinent to each case.

Prioritizes and manages assigned routine cases to ensure that service quality, timelines, process and documentation requirements are met.

Plans and produces case-specific materials for use by legal counsel at the Pay Equity Hearings Tribunal.

Leadership/Guidance :

Senior Review Officer
Provides advice on many aspects of pay equity including: job evaluation methods and systems, compensation systems, the appropriate use of the three comparison methods (job to job, proportional value, proxy), gender neutrality and the conduct of single and multiple regression analysis.

Trains committees on how to collect job information, prepare job descriptions, and evaluate jobs in a way that meets the standards of gender neutrality in compensation systems according to existing jurisprudence.

Provides advice and makes determinations in highly stressful and confrontational situations with sensitivity to legal and regulatory obligations and the interests of the parties.

Initial Review Officer
Provides the parties with process guidance and impartial advice, explanations and approved interpretations to encourage/enforce compliance.

Provides advice on generic pay plans and compensation policy to employers.

Independence of Action :

Senior Review Officer
Performs responsibilities within the broad government legislative and policy framework relating to pay equity.

Expedites settlements by narrowing the issues in dispute and focuses the discussion and efforts of the parties on viable settlement options; interprets the Act, applies existing jurisprudence to particular fact situations, provides advice on position comparisons and compensation practices, reviews and analyzes information as a basis for deciding complex factual and legal issues, and renders neutral evaluations of other aspects of complaints and objections; provides first level adjudication to determine the merits of disputes and to direct corrective action often towards solutions to systemic wage discrimination with widespread societal impact.

Makes informed decisions and give opinions on complex matters, which include but are not limited to the following: the determination of employer, the gender neutrality of comparison systems, whether pay equity has been maintained, what constitutes changed circumstances in the workplace, what constitutes bad faith bargaining, the gender of job classes, the determination of job rates and benefits, the calculation of pay equity adjustments and the effect of sale of business including mergers and amalgamations.

Determines appropriate strategies, general approaches, and timing to be taken in each file to critically impact negotiations by maximizing opportunities for settlement; considers factors such as: the issues and their history, the relationship of the parties, individual personalities, economic climate and other unique factors

Makes determinations on files with respect to jurisdiction, prima facie requirements and on the merits of cases that are properly before the Pay Equity Office.

Initial Review Officer
Work is performed independently and within the mandate of relevant legislation and applicable policies standards and procedures.

Identifies priorities and selects best approaches for each case to identify whether there are pay equity problems, determine appropriate responses, and achieve resolutions that eliminate pay inequities experienced by employees in female dominated jobs in the work place.

Issues orders when a mediated agreement is improbable and take steps to provide follow up support at all stages to facilitate progress and timely resolution.

Provides accurate advice and approved interpretations pertinent to each situation.

Handles sensitive and confidential information under own control appropriately.

Contribute suggestions and materials that support special Branch initiatives and continuous improvement (e.g. content for training, communications, marketing).

Accountable for providing timely, approved advice, interpretations and process facilitation to resolve pay equity disputes and the timely compliance/enforcement, which could result in delays and wrong conclusions concerning the impacts of case-specific pay plans and compliance with the Act, resulting in unnecessary financial outlays for employers and/or continued pay inequity for women.

Interpersonal/Communication :

Senior Review Officer
Facilitates settlements and negotiation of a variety of complex resolution and multi-issue disputes between parties; maintains order, flow and harmony to create a positive atmosphere and to encourage parties to adopt a co-operative approach and a demeanor that reflects political sensitivity and mutual respect and understanding for each other's positions and viewpoints

Ensures that parties are aware of all potential impacts of failing to resolve their differences prior to a written order, and employs strategies designed to effect settlements at the earliest possible opportunity and within the confines of the Pay Equity Act; builds consensus between parties in a mediation setting, and provides articulate information to maximize settlements; often diffuse parties' anger and hostility toward each other.

Discusses problems, contentious issues, trends, precedents, etc. with all levels of staff at the Pay Equity Office.

Prepares Notices of Decision, Orders, correspondence to parties on a variety of issues related to pay equity, linear regression models, spreadsheets, and activity and case status reports.

Provides information and advice on many aspects of pay equity including: job evaluation methods and systems, compensation systems, the appropriate use of the three comparison methods (job to job, proportional value, proxy), gender neutrality and the conduct of single and multiple regression analysis

Initial Review Officer
Maintains effective business relationships with internal and external contacts at all levels, and to represent the PEC appropriately.

Consults with Review Officers, legal counsel and other PEC staff to obtain/provide case information, consult about cases and options, provide reports and recommendations, and participate in/coordinate monitoring and enforcement activities.

Provides information and liaison with respect to referred cases to officials of Ontario Government ministries and agencies (e.g. Human Rights Commission).

Communicates with employers, employees and their legal and compensation specialists/representatives to investigate complaints, provide advice, information and approved interpretations, determine the merits of complaints, conduct mediations, and steer the parties to agreement on straightforward case resolution.

Consults with compensation consultants and other practitioners in the field to stay current with best practices, issues and trends in pay equity.

Prepares presentations, reports and materials for the Commission and parties to cases.

Physical Effort :

Senior Review Officer
The majority of time is spent in an office environment with frequent opportunity to move about. Occasionally required to lift heavy items (e.g., compensation documents) while exercising powers of entry during an investigation.

Initial Review Officer
The majority of time is spent in an office environment. Occasionally required to lift heavy items (e.g., compensation documents) while supporting Officers in exercising powers of entry during an investigation.

Sensory Effort :

Senior Review Officer
Requires visual attention and concentration to examine and analyze compensation records, job evaluation systems and results, collective agreements, minutes of meetings, pay equity documents and any other relevant data that pertain to pay equity plans or processes. Concentrated effort and focused listening is required to confer with applicant(s) and respondent(s) and other involved parties.

Initial Review Officer
Requires visual attention and concentration to examine and analyze compensation records, job evaluation systems and results, collective agreements, minutes of meetings, pay equity documents and any other relevant data that pertain to pay equity plans or processes. Concentrated effort and focused listening is required to confer with applicant(s) and respondent(s) and other involved parties.

Working Conditions :

Senior Review Officer
Work is performed in a typical office environment and requires travel throughout the province.

Initial Review Officer
Work is performed in a typical office environment and requires frequent travel throughout the province for site visits.