MPP defiant in face of harassment inquiry
Town staff in rural riding spur investigation
Is there a limit to how much criticism a municipal official should be expected to take from the public or a politician?
A fascinating case in tiny Tay Valley Township, just outside Perth, Ont., asks this very question, with an additional twist: the critic is Ontario politician Randy Hillier, who finds himself dragged into an investigation under the Occupational Health and Safety Act for alleged workplace harassment.
Too indignant to remain silent, the member of provincial parliament for a rural riding in eastern Ottawa sent a news release this week admitting he is the subject of an inquiry into a complaint by one or more employees in the township’s building and planning departments.
A keen defender of individual rights and freedoms, Hillier is aghast at the township’s reaction, arguing he’s only doing his job. “I will not be intimidated from representing my constituents on matters of provincial jurisdiction, and I cannot allow injustice to prevail because opposing it may hurt someone’s feelings.”
Over months and months, Hillier says he’s received a “disproportionate” number of complaints about the building approval process in Tay Valley and is merely doing his duty in bringing these to the attention of councillors and senior staff.
The MPP has at least twice sent his concerns via email to councillors or senior staff, had numerous phone conversations with various stakeholders in the industry and made a public presentation to council in June.
He was duty-bound to do so, says Hillier. Tay Valley, he told councillors, has three people in the planning department, yet was only able to approve eight new homes in 2016, far below the growth in neighbouring municipalities. Furthermore, he said players in the sector are afraid to speak up, making it doubly important that their MPP carry forward their concerns, without fear of retribution.
“Do the Building and Planning Department have an agenda beyond the spirit and intent of the law?” he asked during his presentation.
Well, someone had heard quite enough.
A complaint by at least one employee triggered the township’s internal antiharassment policies, leading to the appointment of an independent lawyer to investigate.
Only days ago, Hillier was asked in writing to respond to a four-point complaint, including his suggestions that staff didn’t understand planning laws, were acting unjustly and had created a “culture of fear” among residents they are intended to serve. He’s flat-out refusing to co-operate with the investigation, calling it “a Star Chamber” process.
“This sends a real chill. If we don’t permit criticism, then we don’t permit ourselves to improve.”
The township is saying little, other than to acknowledge the investigation is underway, as mandated by the Health and Safety Act.
The Ontario law requires employers to provide a workplace free of harassment, which it defines as: “Engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome.”
Much is at stake. Penalties for those violating the act include jail time.
There are indications that workers in the municipal sector are increasingly turning to the Occupational Health and Safety Act to deal with criticisms levelled by members of the public.
In the ongoing scrutiny of Ottawa’s long-term care homes, for instance, the Act has been used as the justification to restrict interventions or criticisms by family members who aren’t happy with treatment of loved ones.
Tom Parkin is the managing director of the Workers Health and Safety Centre, an Ontario government-designated training agency.
“I’ve seen concern about workplace harassment and violence grow tremendously over the past decade. There’s been a big pushback from workers across all sorts of industries who just don’t accept that being physically or psychologically abused at work — by customers, clients co-workers or bosses — is part of the job,” he responded in an email.
“Let’s not trivialize this by suggesting this protection means a person’s work can’t be criticized, that’s not true.”
He said the term “vexatious” is an important distinction and added that harassment normally indicates a course or pattern of behaviour, not a single remark.
The numbers support him. Though reporting is not mandatory, in 2014-15 the Ministry of Labour reported 902 harassment complaints in all workplaces, a number that rocketed to 1,986 in 2016-17.
Parkin also pointed to a landmark labour ruling in 2016 in which Toronto’s transit authority was censured for the way its TTC Twitter account was used to lash out at employees on social media.
Employees complained of harassment — being called lazy, rude or much worse — and having their photos taken in unflattering ways (such as dozing) to be held up for public ridicule.
And complaints to the Ministry in the first quarter of 2017-18? At 700, already soaring ahead.
IF WE DON’T PERMIT CRITICISM, THEN WE DON’T PERMIT OURSELVES TO IMPROVE.