The Workplace Safety and Insurance Appeals Tribunal (WSIAT) is a highly specialized adjudicative tribunal that hears appeals of final decisions of the Workplace Safety and Insurance Board, and such other matters as are assigned under the Workplace Safety and Insurance Act, 1997. The Tribunal Counsel Office (TCO) is the internal legal department for the WSIAT.
About the job
What can I expect to do in this role?The TCO Articling Student provides legal advice, assistance and support, commensurate with experience, to TCO lawyers, to Order in Counsel (OIC) appointees, and to the WSIAT on WSIAT appeals/applications, external litigation and corporate matters, and the position has the following duties and responsibilities:
As instructed by, or under the supervision of TGC or TCO lawyers, commensurate with experience, the Articling Student will:
• At the pre-hearing stage, efficiently and expeditiously:
o review assigned appeals or applications and provide initial assessment in terms of issue(s) identification, overall complexity and legal risk to determine if the file should be reassigned from the Office of the Vice-Chair Registrar (OVCR) to TCO
o identify any issues that could impact the appeal outcome (e.g. jurisdictional issues)
o mediate issues that may arise between the parties
o respond to inquiries from parties
o respond to pre-hearing instructions from the Vice-Chair or Panel
o case management of assigned appeals and applications
• Assist in providing legal advice and directions to staff in the OVCR and the Scheduling Department on the interpretation of relevant statutes/regulations, Workplace Safety and Insurance Board (WSIB) policies and Tribunal decisions, as well as other jurisprudence in relation to all legal, procedural and policy aspects of the appeal process. At the hearing stage, appear at hearings to assist the Vice-Chair or Panel by:
o questioning witnesses
o interpreting Tribunal policy, procedures and practice
• Making submissions (orally or written) as a neutral party on complex points of law or novel issues
• At the post-hearing stage, provide post-hearing assistance and case management by:
o conducting expeditious post-hearing inquiries (e.g. investigations, medical opinion evidence gathering)
o arranging for responses from parties and/or the WSIB
o coordinating re-assignment of OIC appointees
o making submissions as a neutral party on complex points of law or novel issues
• Involvement in the sensitive decision release process and the OIC reassignment process
• Provide legal advice on corporate issues, including (but not limited to):
o corporate risk, including interpretation and obligations under legislation
o procurement
o human resources
• Assist with external litigation by drafting or reviewing a variety of litigation-related documents including correspondence, pleadings, affidavits, records of proceedings, facta, etc.
• Contribute to the development or revision of:
o legal resource documents
o professional development sessions for staff and OICs
o external public speaking engagements
• Other duties as assigned
What you bring to the team
Mandatory:
Professional graduate degree in Law (J.D., or L.L.B) –
Please include your transcript with your application.Registration in the Law Society of Ontario Lawyer Licensing Process.
Knowledge and Technical Skills:
Knowledge of, commensurate with experience:
• Administrative law
• Workplace safety and insurance law, WSIB policy, Tribunal jurisprudence, WSIAT practices/polices and medical terminology
• Knowledge in other legal areas such as labour/employment law, public law and privacy law
• Ability to research and gather information effectively (e.g. knowledge of electronic databases and other legal research tools)
• Analytical capabilities with a particular focus on expanding knowledge on administrative law and workplace safety and insurance law, litigation and relevant corporate law areas such as labour/employment law, public law, procurement and contract law and privacy law
• Strong oral and written advocacy skills to formulate written and oral arguments comprised of complex legal concepts in a clear and accessible way for parties/community partners (e.g. general public, employees without a legal background, employer management)
• Proficient with standard desktop application software packages (e.g. word processing, spreadsheets, and presentations)
Communication and Interpersonal Skills:
• Tact, discretion, and sensitivity to concerns of parties and representatives in challenging appeal situations is required.
• Internal Contacts
o The entire tribunal, as TCO provides legal advice and assistance to all parts of the Tribunal, including the Chair's Office, the OVCR, and the Scheduling, Human Resources and Administration, Finance and Information and Technology Services departments.
• External Contacts
o Parties, representatives, community partners, community groups and external individuals during the course of outreach activities and when actively participating in WSIAT appeals and applications or external litigation.
Organizational and Analytical Skills:
• Excellent case and time management skills to plan and coordinate their own work to effectively/efficiently monitor progress and resolve a significant number of cases with each being at a different stage of completion at any point in time and deal effectively with evolving needs and changing caseload.
• Work requires the ability to identify/analyze complex legal and medical issues, interpret legislation, regulations and policies, and prepare/present legal arguments at WSIAT hearings.
• Dispute resolution and analytical skills to resolve issues throughout the process/lifecycle of assigned appeals (e.g. WSIB appeals, right to sue applications) and mediate organizational interactions (e.g. collective bargaining dispute resolution, employee/management escalations).
• Ability to identify, analyze, and assess the implications of legal, policy and medical issues on adjudicators' decisions in the broader worker's compensation system.
• Ability to identify, assess, and recommend steps to avoid risks to the Tribunal's reputation in relation to appeal-related issues as well as corporate matters.
Additional information
How to Apply:For
INTERNAL candidates, please follow these directions:
1. Please log onto your ADP account and select Myself>Talent>Career Centre.
2. Customize your cover letter and resume to the qualifications listed on the job ad. Using concrete examples, please show how you demonstrated the requirements for this job.
Please include a copy of your transcript with your application.3. If you require accommodation for a disability during any stage of the recruitment process, please notify us, confidentially, at Recruitment@wsiat.ca. Recruitment staff will contact you within 48 hours.
For
EXTERNAL candidates, please follow these directions:
1. Please submit your resume and cover letter through our online
WSIAT Career Centre.
2. Customize your cover letter and resume to the qualifications listed on the job ad. Using concrete examples, please show how you demonstrated the requirements for this job.
Please include a copy of your transcript with your application. 3. If you require accommodation for a disability during any stage of the recruitment process, please notify us, confidentially, at Recruitment@wsiat.ca. Recruitment staff will contact you within 48 hours.
4.
Background Check: As a precondition of employment, the WSIAT requires that the final external candidate for this position, prior to commencing employment, is required to undergo both a criminal record and social media search. Other types of background checks may also be requested such as education verification and professional credential validation.