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health and safety

Town of Amherstburg - November 20, 2015

239(2)(b) Personal matters|employee|third-party investigation|health and safety|Parse discussion

The Ombudsman reviewed a closed meeting held by council for the Town of Amherstburg to discuss an external investigator’s report into health and safety concerns raised by municipal employees. The meeting was closed under the personal matters exception. Council discussed the conduct of a staff member and how to address the issues raised in the report. During the discussion, the external investigator provided general information about health and safety requirements, interspersed with comments about specific individual employees. The Ombudsman found that it was unrealistic to expect council to parse this portion of the discussion to exclude references to related or background information. The Ombudsman found that the discussion fit within the personal matters exception.

Read the Report

Town of Amherstburg - November 20, 2015

employee|harassment|health and safety|conduct|239(2)(b) Personal matters

The Ombudsman reviewed a closed meeting held by council for the Town of Amherstburg to discuss details of complaints by named municipal staff against other staff members.  The meeting relied on the personal matters exception. The complaints included allegations of harassment and health and safety concerns. The Ombudsman found that the information discussed went beyond the staff members’ professional duties and included personal concerns about their work environment. Therefore, the discussion fit within the personal matters exception. 

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Town of Amherstburg - November 20, 2015

239(2)(f) Solicitor-client privilege|conduct|health and safety|legal advice

The Ombudsman reviewed a closed meeting held by council for the Town of Amherstburg that relied on the exception for solicitor-client privilege to discuss health and safety concerns raised by municipal employees. The municipality’s solicitor was present throughout the closed session and provided legal advice to council on the matters discussed. The Ombudsman found that the discussion fit within the exception for solicitor-client privilege.

Read the Report

The Ontario Ombudsman’s work takes place on traditional Indigenous territories across the province we now call Ontario, and we are thankful to be able to work and live on this land. 

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