Agency Title: Public Service Grievance Board /Nom de l’organisme : Commission des griefs de la fonction publique

Position Title: Chair (Part-time) /Titre du poste : Président/Présidente (à temps partiel)

Location: Toronto, with occasional province-wide travel for hearings /Emplacement :Toronto, avec des déplacements occasionnels dans toute la province pour se rendre aux audiences

Posting Date:22-Jul-2020 /Date de publication : 07/22/2020

PAS File #PAS-200090 /No de dossier au Secrétariat des nominations: PAS-200090

Description:  The Public Service Grievance Board (PSGB) is an independent, adjudicative tribunal that provides dispute resolution services to certain management and excluded members of Ontario's public service and their Crown employers. The PSGB exercises the powers and duties conferred upon it by the Public Service of Ontario Act, 2006, and O. Reg. 378/07.  

PSGB Mission Statement: To provide a fair, consistent, and expeditious administrative process for resolving employment disputes between the employers and employees. Appropriate dispute resolution services to management-level employees, excluded employees and their employers and to promote harmonious labour relations in the Ontario Public Service.  Its purpose is to provide dispute resolution and adjudication services between certain management/excluded crown employees and the government as their employer. 

Key Responsibilities: The Chair is responsible for the overall strategic direction and performance of the PSGB. The Chair provides leadership to the agency to ensure that the agency operates in keeping with its mandate, as defined in the governing legislation and within approved governance and accountability requirements of the government.

Law and Procedure:

• Establish and monitors regulatory and adjudicative processes including the effective assignment of cases and effective case-management practices.
• Leads the process of setting the agency’s goals, designing and establishing the agency’s adjudicative process, and establishing and reporting on measures of service quality and performance.
• Oversees that the establishment of agency policies and procedures and within the legal, political and economic framework of the government.
• Provides oversight to internal processes and procedures that ensure efficiency, quality and timeliness in the resolution of disputes and rendering of decisions.
• Coordinates meetings with Members to discuss emerging issues, build support for policy and process change, engage in professional sharing and development, and promote clarity and predictability in the exercise of independent decision-making.
• Provides oversight, or personally assume cases or assignments that are complex or high profile, which involve new or novel considerations of law, multiple parties or stakeholders, or that have significant public interest.
• When assuming cases, act as a labour and employment mediator by listening to the parties’ positions, assisting the parties in defining underlying issues and interests, focusing the parties’ attention on what a workable settlement would be, and facilitating a resolution between the parties.
• If settlement is not possible, conduct oral and written hearings in accordance with the governing statute and other applicable laws as well as within the policies, procedures and rules of practice developed by the agency. Make rulings necessary for the proper and expeditious conduct, control and completion of the hearing.
• Issue clear, well-written, soundly reasoned decisions, which are understandable and can be implemented by the parties to a dispute.
• Participate in initial training and stay current in the field by engaging in ongoing professional development, leading and participating in meetings of the Board and its members.
• Work constructively and contribute to a collegial atmosphere at the agency by sharing knowledge, time and experience with other agency appointees.

Strategic Leadership and Agency Governance:

• Provide leadership to Members and staff, collaborate with members, staff, and stakeholders to set strategic direction and ensure its implementation, develop and implement operational priorities and annual business plans.
• Ensure Board member and staff compliance with applicable government and Board directives, policies, guidelines, and procedural rules.
• Manage expenses, costs, and cost recoveries in accordance with the applicable authorities and with fiscal prudence.
• Maintain compliance with the legislative requirements and mandate of the Board (e.g. member appointments, processing of disputes, methods of dispute resolution, decision-making, rules of procedure).
• Maintain positive, productive and appropriate relationships with stakeholders and all parties appearing before the agency.
• Enter into a Memorandum of Understanding with the Minister and fulfill with the terms of the MOU.
• Prepare an annual report on the activities of the Board for the legislative assembly.

Qualifications:

As a Chair appointed to the Board, you will be responsible for the resolution of disputes between parties appearing before the Board pursuant to the Public Service of Ontario Act, 2006 by using a variety of dispute resolution methods including mediation and arbitration. You will provide oral and written decisions.

You have a proven track record of impartial, fair, consistent, and expeditious decision-making using sound judgement. You possess superior dispute resolution and analytical skills to resolve complex matters involving multiple interests, under public scrutiny.

You are an experienced leader with the ability to set strategic direction, articulate a clear thought process and work towards a peaceable vision. You must be able to oversee the implementation of plans and strategies to deliver efficient, effective and high-quality services.

The following skills are essential to the job:

1.   An aptitude for labour and employment mediation.   

2.  An aptitude for administrative justice and impartial labour and employment adjudication.

3.  An understanding of relevant Acts and legal processes.

4.  An ability to communicate (verbally and digitally) with parties regarding hearing processes and to manage hearings efficiently and fairly.

5.   An ability to write clear, soundly reasoned decisions.

In addition to the above skills, candidates should possess the following qualifications:

• Knowledge of the Public Service of Ontario Act, 2006, administrative law, adjudication and/or the concepts of fairness and natural justice. Experience in interpreting and applying legislation with specific knowledge of the governing Acts, related law and legal processes dealt with by the PSGB is an asset. Knowledge of the professional, institutional, policy and stakeholder context in which the PSGB operates or the ability to acquire such understanding.
• Demonstrable tact and political acuity to work effectively with political and non-political staff.
• Superior decision-making, negotiation and dispute resolution skills with a commitment to fair, transparent processes. An understanding of the collective bargaining regime in Ontario and related compensation practices would be an asset.
• Commitment to working within the government’s adjudicative agency accountability structure. Knowledge of and commitment to sound governance practices.
• Understanding of the Board’s rules of practice and supporting procedures and knowledge of the continuum of dispute resolution practices to recommend, design and implement new processes to enhance customer service delivery.
• Experience in labour and employment law, public sector litigation or with administrative law or administrative tribunals with demonstrated ability to act as a neutral dispute resolution professional in the employment or labour law context and exemplifying sound judgement and superior dispute resolution and analytical skills.
• Experience in private sector litigation and/or mediation in diverse areas of law is an asset.
• Strong communicator with the ability to convey a clear, thoughtful and efficient process, both verbally and digitally. Candidate should have superior negotiation, consultation and team-building skills to positively influence and communicate with staff, the Ministry, stakeholders and the general public.
• Candidate should demonstrate comfort and skill with technology including, but not limited to: email, internet, video-calling and digital writing tools. Willingness to lead any required digital transformative processes is an asset.
• Well-developed analytical skills, impartiality and sound judgement to fairly assess situations and the assessment of credibility involving issues with conflicting verbal or written evidence and the determination of the public interest.
• Experience in professional leadership capacities in diverse environments to set strategic direction and lead and develop people in delivering efficient high-quality services, including digital transformation.
• Ability to oversee the implementation of strategic operational plans and to deliver efficient, effective quality service with demonstrable financial and business acumen.
• Commitment to values of equity and diversity, and maintaining fair, transparent processes that meet high professional standards and to provide access to justice.
• Recent and relevant experience as a member of one’s local community is an asset which exemplifies abilities and competencies to build productive relationships amongst a broader community; judgement and awareness of the downstream effects and consequences of deliberations and decisions.
• Experience in building productive relationships with a broad range of stakeholders.
• Proficiency in English required; proficiency in oral and written French is an asset.

Terms:

New appointments to regulatory and adjudicative agencies are for an initial period of two years. Please note that appointments are subject to renewal for a maximum of 10 years, in a given position, at the discretion of the Lieutenant Governor in Council.

Time Commitment: Up to 85 days per fiscal year, including dispute resolution and administrative responsibilities.

Remuneration: Compensation will be in accordance with the rates established in the Agencies and Appointments Directive ($788 per day).

More Information: To learn more about the Public Service Grievance Board, please go to http://www.psab.gov.on.ca

Closing Date: 05-Aug-2020

How to Apply: To APPLY online please visit the PAS website at https://www.pas.gov.on.ca/Home/Agency/361

To apply by email, fax, mail or hand delivery, a downloadable application form  is available at WWW.PAS.GOV.ON.CA.

Government appointees reflect the diversity of the people of Ontario and deliver services and decisions in a non-partisan, professional, ethical and competent manner with a commitment to the principles and values of public service.  If appointed you will be subject to the Public Service of Ontario Act, 2006 and Conflict of Interest rules. Information is available on the Conflict of Interest Commissioner’s website: www.coicommissioner.gov.on.ca. You may also be subject to other statutes, regulations, rules or directives that currently exist or may be established which are applicable to agencies, boards or commissions.

All applications must quote the file number (PAS-200090) and be received by the closing date. If not applying online, applications must be signed and received by email, mail or hand delivery no later than August 5, 2020 and addressed to:

Public Appointments Secretariat

Room 2440, Whitney Block

99 Wellesley St. West ,Toronto, Ontario M7A 1W4 

Tel: (416) 327- 2640  Fax: (416) 327- 2633 E-mail: PASInfo.mgs@ontario.ca

We thank all interested applicants but only those applicants selected for an interview will be contacted. The Public Service Grievance Board is an equal opportunity organization. We will accommodate your needs under the Ontario Human Rights Code