Responding When the Complainant Is Your Employer

Key Takeaways

• Health care employers and facilities must report terminations and privilege restrictions for misconduct, incompetence or incapacity within 30 days (Code, s. 85.5).
• Teacher and ECE employers must report terminations, suspensions and restrictions for misconduct, and certain charges and conduct (OCT Act, ss. 43.2–43.3; ECE Act, ss. 49.1–49.2).
• Teachers must receive a copy of an employer’s s. 43.3 report (OCT Act, s. 43.3(1.2)).
• Grievances and settlements do not stop the regulator.

Who Must Report

Reports are mandatory under several statutes, including the Code (s. 85.5), the OCT Act (ss. 43.2–43.3), the ECE Act (ss. 49.1–49.2) and the SWSSW Act (s. 41). Some also cover resignations made in place of termination (e.g. Code, s. 85.5(2); SWSSW Act, s. 41(2)).

What the Regulator Does

The report usually leads to a registrar’s investigation or is treated as a complaint (OCT Act, s. 43.3.1). Investigators often obtain the employer’s investigation file and interview managers and witnesses.

Responding

• Get the employer’s report and investigation file if you can.
• Identify where the employer’s account is incomplete or wrong, with documents.
• Show what has changed since, such as training, supervision or health treatment.
• Keep union or grievance materials consistent with your regulatory response.

Frequently Asked Questions