Employment and Labour Law - MICO

The Integrity Commissioner investigated two complaints against a City Councillor regarding his public tweets criticizing senior City staff.

The Commissioner found that the Councillor violated the Code of Conduct by falsely injuring the professional reputation of one staff member and engaging in discreditable conduct towards both by subjecting them to public humiliation on social media.

Furthermore, the Commissioner found that the Councillor engaged in reprisal against one of the complainants during a committee meeting after being notified of the investigation.

The Commissioner recommended a reprimand and a 10-day suspension of remuneration.

The Integrity Commissioner investigated a formal complaint against Ottawa City Councillor Rick Chiarelli by a former employee.

The complaint alleged multiple instances of sexual harassment and inappropriate conduct.

The Commissioner found two allegations substantiated: that the Respondent provided the Complainant with a revealing shirt and expected her to wear it to a work event, and that he offered to pay her to perform sexual acts on random men at nightclubs.

The Commissioner concluded that the Respondent knowingly exploited the power dynamic of the employer/employee relationship, breaching Sections 4 (General Integrity) and 7 (Discrimination and Harassment) of the Code of Conduct.

The Commissioner recommended a 90-day suspension of remuneration and a public apology.

An employee filed a Code of Conduct complaint alleging that three municipal councillors breached confidentiality by sharing an email the employee had sent to Council with the Chief Administrative Officer.

The employee claimed the email was protected as a whistleblower report and a workplace harassment complaint.

The Integrity Commissioner found that the email did not fall under the Fraud and Wrongdoing Policy or the Workplace Harassment Policy.

While the email contained some confidential information regarding performance appraisals, sharing it with the CAO did not contravene privacy laws or the Code of Conduct.

The complaint was dismissed.

A former municipal employee filed Code of Conduct complaints against the Mayor and Deputy Mayor regarding workplace treatment.

During the inquiry, the complainant signed a release covering all employment-related claims, including harassment, against the municipality and its council members.

The Integrity Commissioner exercised his discretion under the Municipal Act to terminate the inquiry and dismiss the complaints, finding that continuing the investigation was not in the public interest or a prudent use of municipal resources given the signed release.

The Integrity Commissioner investigated complaints that a former City Councillor breached the Code of Conduct by improperly using his influence, engaging in discreditable conduct, and failing to adhere to Council policies.

The complaints alleged the Councillor shielded political supporters from bylaw enforcement, improperly entered constituents' homes suspected of being illegal rooming houses, and used profane language while training a staff member.

The Commissioner found insufficient evidence of improper use of influence.

However, the Commissioner found the Councillor breached the Code by entering properties without invitation, photographing residents without consent, and using highly profane and disrespectful language during staff training.

No penalty was recommended as the Councillor had already been removed from office.

The Chief Administrative Officer of the City of Peterborough filed a complaint against the Mayor, alleging contraventions of the municipal Code of Conduct.

The complainant alleged the Mayor improperly pressured her to retire early and spoke disrespectfully about staff regarding delays in an affordable housing report.

The Integrity Commissioner found that the Mayor's inquiries about retirement were pursuant to a Council mandate and did not constitute improper influence or harassment.

The Commissioner also found that the Mayor's comments regarding the housing report were a call to action on an urgent issue, not a disrespectful attack on staff.

The complaint was dismissed with no contraventions found.

The Integrity Commissioner investigated three formal complaints against a City of Ottawa Councillor regarding his conduct during job interviews.

The complainants alleged that the Councillor made inappropriate and sexual comments, including asking if they would go bra-less or consider stripping, and showed inappropriate photographs.

The Councillor denied the allegations publicly but refused to participate in the investigation.

The Commissioner found the complainants credible and concluded that the Councillor breached Sections 4 and 7 of the Code of Conduct.

The Commissioner recommended a 90-day suspension of remuneration for each of the three complaints.

The Integrity Commissioner investigated a complaint against a municipal councillor alleging sexual harassment by a former employee.

The investigation revealed a prior similar complaint from another municipal employee.

The Commissioner found that the councillor's inappropriate comments to both women made them feel belittled and disrespected, constituting sexual harassment and violating the Council Code of Conduct.

The Commissioner recommended that the municipal council suspend the councillor's compensation for 30 days, with potential further 30-day suspensions (up to 90 days total) if the councillor failed to complete mandatory workplace harassment training under the Occupational Health and Safety Act and the Accessibility for Ontarians with Disabilities Act.

The Integrity Commissioner for the City of Elliot Lake investigated complaints filed by the former Director of Corporate Services against three municipal councillors.

The complainant alleged that one councillor engaged in harassment and attempted to interfere with staff duties, and that all three councillors held closed meetings in retaliation to terminate his employment.

The Commissioner noted that two of the respondent councillors and the complainant had since resigned.

Concluding that it was not in the public interest to continue the investigation, the Commissioner dismissed the complaints to allow the municipal council to make a fresh start with a newly hired Chief Administrative Officer, while warning councillors against interfering in the staff chain of command.

The Integrity Commissioner investigated a complaint against Deputy Mayor Michael Di Biase alleging sexual assault, sexual harassment, and reprisal.

The Commissioner declined jurisdiction over the sexual assault allegations as they were criminal in nature.

The Commissioner found that the Respondent breached Rule 14 of the Code of Ethical Conduct by sexually harassing the Complainant, creating an intimidating and offensive work environment.

The reprisal allegations were dismissed due to insufficient evidence linking the Respondent to the surveillance of the Complainant.

The Commissioner recommended a reprimand, a 90-day suspension of remuneration, and other corrective actions.

The Integrity Commissioner investigated complaints against the Mayor and several Councillors of the County of Brant regarding an incident at a Council meeting where the Mayor made derogatory comments about a former employee.

The Commissioner found that the Mayor breached the Code of Conduct by making the comments and attempting to deflect responsibility, recommending a 5-day suspension of remuneration.

Complaints against two Councillors who heard the remarks but failed to take action were upheld with a recommendation for a verbal reprimand.

Complaints against the remaining Councillors who did not hear the remarks were dismissed.

The Integrity Commissioner investigated complaints from the Chief Administrative Officer and the Water and Wastewater Supervisor alleging that a municipal councillor contravened the Council Code of Conduct.

The Commissioner found that the councillor breached the Code by supporting a ratepayer in a legal action against the municipality, thereby creating a conflict of interest and undermining confidence in the municipality.

The Commissioner also found that the councillor abused staff in the workplace and falsely impugned their professional reputation.

As this was a second offence, the Commissioner recommended a 30-day suspension of the councillor's compensation.

Two former senior managers filed complaints alleging the Mayor of Sarnia created a poisoned work environment and harassed staff.

The Integrity Commissioner investigated and found the Mayor repeatedly breached the Code of Conduct by publicly criticizing staff, interfering with the City Manager's duties, and failing to respect the professional capacities of City staff.

The Commissioner recommended suspending the Mayor's remuneration for 90 days.

The Integrity Commissioner investigated a complaint by Councillor Pam McConnell regarding the conduct of then-Mayor Rob Ford.

On November 18, 2013, Ford ran through the Council Chamber and collided with McConnell, causing her physical and emotional harm.

The Commissioner found that Ford's decision to run through the Chamber was reckless, lacked decorum, and contravened the Code of Conduct for Members of Council.

While Ford did not intend to harm McConnell, his actions were unbecoming of his position.

Ford accepted the findings and voluntarily offered to pay $1,000 to a community program of McConnell's choice to express his regret.

The Commissioner recommended that Council adopt a finding of a Code of Conduct contravention but impose no further penalty in light of the voluntary payment.

The Interim Integrity Commissioner investigated two complaints against a municipal councillor alleging violations of the Code of Conduct.

The first complaint alleged the councillor berated and embarrassed staff at a case conference meeting.

The second alleged he accosted a director in an agitated state.

The Commissioner found the councillor's conduct in both instances was abusive, bullying, and intimidating, contravening the Code of Conduct.

No sanction was recommended at this time, but a stern warning was issued regarding future conduct.