COUNSEL TO THE CHAIR

Organization: Workplace Safety and Insurance Appeals Tribunal
City: Toronto, ON
Job Term: 1 Permanent
Job Code: Excluded
Salary: Lawyers’ Compensation Plan
Posting Status: Open

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 other matters under the Workplace Safety and Insurance Act. The WSIAT is currently seeking a highly motivated, experienced and innovative leader for the position of Counsel to the Chair to manage and provide leadership to the Office of Counsel to the Chair (“OCC”). The OCC provides legal guidance in order to maintain and enhance the quality, consistency and coherence of Tribunal decisions and processes, and the effectiveness of the Tribunal in the workplace safety and insurance system. The Counsel to the Chair provides expert legal advice to the Tribunal Chair, Order-in-Council appointees (OICs), and other senior management at the Tribunal regarding Tribunal appeals and applications, including administrative law and other relevant law, the Freedom of Information and Protection of Privacy Act (FIPPA), knowledge management and professional development initiatives, and strategic planning and development of Tribunal practices and procedures. The Counsel to the Chair also manages a team of lawyers in the OCC who assist with the provision of this expert legal advice. As a member of the senior management team, the Counsel to the Chair participates in the development of institutional management policies and initiatives.

What can I expect to do in this role?

1. Provide guidance and legal advice to the Tribunal Chair in regards to matters arising under the WSIA, including reconsiderations, which may be complex or high profile and involve new or novel considerations of law, multiple parties or stakeholders, or that have significant public interest.

2. Provide expert legal advice to order-in-council adjudicators to ensure high quality decisions and promote development of a consistent and coherent body of law which provides guidance in the workplace safety and insurance sector consistent with statutory obligations and administrative law principles, particularly natural justice requirements.

3. Lead a team of lawyers in the OCC who also provide this expert legal advice, support and mentorship to order-in-council adjudicators.

4. Provide legal advice and guidance to the Tribunal Chair and other senior management as required, particularly related to: the WSIAT Members’ Code of Conduct, the WSIAT Code of Conduct for Representatives, Ombudsman Ontario inquiries and investigations, development of Practice Directions and appeal processes; and FIPPA and records retention issues including privacy breaches; and manage and resolve complaints and inquiries as required.

5. Act as Freedom of Information (FOI) Coordinator, including managing processing of FIPPA requests and privacy breaches and complaints, providing expert advice to the Tribunal Chair, making submissions and submitting annual FOI compliance statistics to the Information and Privacy Commissioner of Ontario. Develop processes and policies to address privacy and FOI issues, and liaise with the Ministry and report privacy breaches to the IPCO as appropriate.

6. Serve a lead role in Tribunal orientation and professional development programs in training adjudicators by identifying training needs, developing presentation guides and other materials, presenting on relevant topics and leading discussions with staff and adjudicators. Manage OCC lawyers in developing materials and delivering training in response to evolving needs of Tribunal.

7. Monitor emerging legislative and policy issues, and provide legal and strategic advice to address these issues.

8. Lead knowledge management initiatives, including the development and maintenance of training and resource materials and templates and other documents to promote timely and high-quality decision-making.

9. Participate in the Tribunal’s senior management committee and other committees as required, represent the Tribunal as needed on intragovernmental meetings with the WSIB, MLTSD, IPCO and other agencies, and participate in speaking engagements.

How do I qualify?

Legal Knowledge and Education:
• Professional graduate degree in Law (J.D., or L.L.B) and membership in good standing in the Law Society of Ontario.Strong understanding of the administrative justice system, including the relevant legal principles, the Charter and constitutional law.
• Strong knowledge of the Workplace Safety and Insurance Act, and all previous iterations, and related law and policy, particularly WSIB policy, and legal processes, or the ability to acquire such knowledge.
• In-depth understanding of the professional, institutional, policy and community context in which the Tribunal operates, or the ability to acquire such understanding.
• Understanding of the Tribunal’s Practice Directions and supporting procedures.

Communication, Interpersonal and Analytical Skills:
• Strong oral and written communication and interpersonal skills to positively influence and communicate with staff, stakeholders and the public.
• Superior dispute resolution and analytical skills to resolve complex matters involving multiple interests, under public scrutiny.
• Ability to apply tact and diplomacy is required to obtain cooperation and agreement through persuasion and motivation of individuals/groups, and to apply negotiation, mediation and facilitation skills to identify options, resolve complex issues and negotiate agreements.

Leadership and Management Skills:
• Strong management and leadership skills to manage the OCC department, and work effectively with other senior managers, adjudicators and departments at the Tribunal.

Other Specialized Knowledge:
• Knowledge of and commitment to sound governance practices.
• Understanding of government values and a commitment to working within government’s agency accountability structure.

Additional Information:

Address: 505 University Avenue, Toronto
Compensation Group: Lawyers’ Compensation Plan
Posted on: July 13, 2020

How to Apply:

1. Submit resume with cover letter, quoting file #WSIAT 05/20 to:

Email: Human.Resources@wst.gov.on.ca
Fax: 416-326-0115

Please select only one method to submit your resume with cover letter.

2. Customize your cover letter and resume to the qualifications listed on the job ad. Using concrete examples, you must show how you demonstrated the requirements for this job. We rely on the information you provide to us.

3. If you require a disability related accommodation in order to participate in the recruitment process, please contact us at Human.Resources@wst.gov.on.ca to provide your contact information. Recruitment staff will contact you within 48 hours.

The deadline to apply is July 24, 2020 11:59 pm EDT. Late applications will not be accepted. We thank you for your interest. Only those selected for further screening or an interview will be contacted.

The Workplace Safety and Insurance Appeals Tribunal is an inclusive employer.
Accommodation is available under the Ontario Human Rights Code.