Legal Counsel, Employment and Labour Law

Website City of Brampton

Municipal Government

DEPARTMENT:  Corporate Support Services

POSTING NUMBER:  105199

NUMBER OF POSITIONS:  1

JOB STATUS & DURATION:  Full Time Permanent

HOURS OF WORK:  35 hour workweek

LOCATION:  Hybrid Model – when working onsite, you will report to the location of City Hall.

SALARY GRADE:  9

HIRING SALARY RANGE:  $133,754.00 – $150,473.00 per annum

MAXIMUM OF SALARY RANGE:  $167,192.00 per annum

JOB TYPE:  Management and Administration

POSTING DATE:  December 22, 2022

CLOSING DATE:  January 25, 2023

AREA OF RESPONSIBILITY:

Reporting to the Director, Human Resources, the Legal Counsel, Labour and Employment Law role advises on a wide array of labour and employment issues including but not limited to human rights, occupational health and safety, internal workplace investigations, labour relations, collective agreements and grievances. The incumbent will manage outside counsel and independently carry grievance arbitration, employment litigation and human rights, files representing the City of Brampton.

General: This role is accountable to deliver competent, timely legal services by working collaboratively with client departments in the delivery of legal services and development of legal solutions. Applies experience and expertise with relevant legislation, including the Employment Standards Act (ESA), Labour Relations Act (OLRA), Pay Equity Act, Occupational Health and Safety Act (OHSA), Human Rights Code (OHRC), and Workplace Safety and Insurance Act (WSIA), to support labour and employment issues and provide legal advice and opinions to the Human Resources Division, Equity Office and others as required. Independently carries labour and employment files with minimal supervision, including appearances at various levels of court, administrative tribunals and boards, and arbitration proceedings. Manages labour and employment litigation files as needed and other matters as may be assigned.

Representation: Represents the Corporation before Courts and Tribunals on various matters including applications before the Courts and actions brought by or against the Corporation in relation to labour and employment law matters, specifically HRTO, OLRB, and WSIAT. Represents the City’s interests in matters pertaining to the following; grievances, wrongful/ constructive dismissal, human rights, whistleblower, fraud and health and safety. Prepares documents required such as pleadings, affidavits, notices of motion/application, procedural orders, issues list, witness statements and appeal notices.  Attends all legal proceedings.

Advise:  Provides written and oral labour and employment legal advice to Council, Corporate Leadership, City staff and Committees and others as requested. Shares understanding of the legislative and factual framework, understands municipal obligations and objectives, anticipates probable outcomes and provides advice on appropriate solutions. Provides professional legal counsel by opinion, analysis, review and various research initiatives. Reviews, advice and comments on pending provincial legislation as applicable.

This role:

  • Advise and provides counsel on workplace legislation, regulatory requirements and developments in case law impacting City operations.
  • Provides advice on the development, implementation and interpretation of corporate and Human Resources policies and procedures.
  • Provides legally sound advice and guidance on a wide range of labour and employment matters such as collective agreement negotiations, employment contracts, and wrongful dismissals amongst others.
  • Supports the creation and advancement of equity, diversity, and inclusion policies, processes, and programs in conjunction with Human Resources Division and the City’s Equity Office.
  • Retains and instructs external lawyers, workplace investigators and experts, as required, and review their accounts for compliance with billing guidelines.
  • Assists with workplace investigations where required.
  • Conducts staff training on human rights, labour and employment law issues, where appropriate.
  • Advise on the rollout of and compliance with regulatory changes in the City of Brampton.

Prepare legal documents: Drafts and reviews legal documents, including labour and employment contracts, settlement agreements, pleadings, mediation/settlement briefs. Must be cognizant of legislative and factual framework when preparing documentation so that obligations are achieved, and appropriate solutions can be executed. Reviews labour and employment agreements to identify problems with respect to legality and enforceability, and recommends changes or revisions as required to mitigate risk to the Corporation.

Risk Assessment: Negotiates resolutions for litigation files that are in the best interest of the Corporation. Protects the Corporation’s interests through discussion and negotiation with external groups, lawyers, tribunals, and regional government as appropriate. This involves reviewing files, researching law, verifying and investigating facts, interviewing witnesses, compiling and drafting documentation, conducting examinations for discovery, negotiating with opposing counsel and conducting matters before court.  Actively supports compliance with applicable laws and standards governing the Human Resources Division and City’s Equity Office.

Council and Committees: Attends and presents labour and employment reports to Council and Council Committee meetings as required.  Preparation to provide comments and advice to Council and Committees.

Special Projects: Undertake special projects and initiatives in furtherance of the Corporation’s employment and labour direction and strategic objectives.  Participates on multidisciplinary teams in Human Resources Division and other Departments, both in leadership and support roles as required.

HR Administration: Responsible for the leadership of the HR Administration staff. Provide direction to the staff for the day-to-day general administration in the division including filing of records, electronic employee files, HR front line customer service, correspondence, necessary signoffs and approvals to meet policies, legislation, regulations and confidentiality. Support staff in matters related to continuous improvement of the administration work and related technological enhancements.

SELECTION CRITERIA:

EDUCATION:

  • Bachelor of Laws Degree (LL.B) or Juris Doctor (JD) from a recognized Law School, in good standing with the Law Society of Ontario.

REQUIRED EXPERIENCE:

  • At least 5 years of progressive experience in Labour and Employment Law including advising on employee and labour relations matters in a highly unionized environment.
  • Experience with municipal government or in public sector an asset.
  • Experience working in a multi-unionized environment an asset. A history of successful, positive, union-management relationships, and demonstration of a cooperative and consultative approach to achieving goals and objectives and resolving issues.
  • Experience leading and conducting complex workplace investigations.

OTHER SKILLS AND ASSETS:

  • Exceptional communication skills and superior report writing
  • Ability to prepare and successfully negotiate resolutions and solid arguments.
  • Computer proficiency in MS Office suite software and on-line legal research.
  • Member in good standing with the Law Society of Ontario.
  • CHRL (Certified Human Resources Leader) considered an asset.

**Various tests and/or exams may be administered as part of the selection criteria.

Alternate formats will be provided upon request.

Interview:  Our recruitment process will be completed with video conference technology.

As part of the corporation’s Modernizing Job Evaluation project, this position will undergo an evaluation which may result in a change to the rate of compensation.  Any changes affecting this position will be communicated as information becomes available.

If this opportunity matches your interest and experience, please apply online at: www.brampton.ca/employment quoting reference #105199 by January 25, 2023 and complete the attached questionnaire. We thank all applicants; however, only those selected for an interview will be contacted. The successful candidate(s) will be required, as a condition of employment, to execute a written employment agreement. A criminal record search will be required of the successful candidate to verify the absence of a criminal record for which a pardon has not been granted.

As part of the application process, applicants will be invited to complete a self identification survey. The survey is voluntary. Participation in the survey will have no impact on hiring decisions.  Should you wish to opt out of completing the survey, please select “prefer not to answer” as a response to each question.  All information collected is confidential and will not be shared with the hiring manager. The surveys will be anonymized and will be kept separate from applicant or employee files, such that the individuals who completed the surveys will not be identifiable.  The results of the survey will assist in the analysis of disaggregated metrics for organizational planning purposes and our commitment to advance and foster diversity, equity, and inclusion. The City may use anonymized data to produce aggregate reports for internal or external use.

Please be advised, the City of Brampton uses email to communicate with their applicants for open job competitions. It is the applicant’s responsibility to include an updated email address that is checked daily and accepts emails from unknown users. As we send time sensitive correspondence via email (i.e. testing bookings, interview dates), it is imperative that applicants check their email regularly. If we do not hear back from applicants, we will assume that you are no longer interested in the Job Competition and your application will be removed from the Competition.

To apply for this job please visit www.brampton.ca.

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