Who is in charge at the Commission if the main boss is away?

The situation

I am trying to follow up on a formal complaint I lodged regarding workplace discrimination in Ontario. I submitted my paperwork back on January 15th, and I have been waiting for a response for over three months now. I recently called the office to check on the status of my file, but the receptionist told me that the Chief Commissioner is currently on an extended medical leave and won't be back for several months. I also asked if I could speak with the Deputy Chief Commissioner to expedite my case, but they said that person is also unavailable due to a sudden incapacity. I have already tried sending three follow-up emails and leaving two messages with the administrative staff, but I keep getting told that the leadership is currently in flux. I am quite worried because my employer is refusing to honour my pay cheque while this investigation is pending, and I need someone with real authority to step in and oversee the staff handling my file. If both the top leader and the deputy are gone, who actually has the legal power to make decisions or direct the employees to move my case forward?

Detailed Analysis

Under the Canadian Human Rights Act, there is a clear line of succession to ensure the Commission can still function even when leadership is missing. Since you mentioned the Chief Commissioner is on medical leave and the Deputy Chief Commissioner is also unavailable due to incapacity, the law moves to the next person in line.

According to the law, "In the event of the absence or incapacity of the Chief Commissioner and the Deputy Chief Commissioner... the full-time member, other than the Accessibility Commissioner, with the most seniority has all the powers and may perform all the duties and functions of the Chief Commissioner"^[1]. This means that even though the top two leaders are gone, there is still a person with the legal authority to direct staff and make decisions regarding your workplace discrimination complaint^[1].

In your specific situation, since you have been waiting since January 15th and your employer is withholding pay, you need to reach the person currently acting in this capacity. This person is not just an administrator; they have the legal power to oversee the staff handling your file^[1].

It is important to note that while the law identifies who has the power, it does not specify exactly how quickly they must respond to an individual's request to expedite a case. Therefore, while we know who is in charge, the law does not guarantee an immediate resolution to your specific delay. State, provincial, or local laws may add further rules regarding administrative procedures or employment standards.

Statutory Citations

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