SoVote

Decentralized Democracy

Ontario Assembly

43rd Parl. 1st Sess.
March 18, 2024 09:00AM
  • Mar/18/24 9:30:00 a.m.

I’ll be sharing my time with the member from Mississauga–Erin Mills.

It gives me a lot of pleasure to stand up in the House and speak to this bill this morning. I want to begin by thanking our great minister and the team at his ministry for putting together this bill and for continuing this work.

I also want to, frankly, give a shout-out to our wonderful previous minister, Monte McNaughton, for the work that he did over the course of our Working for Workers bills. I remember reading an article about him where the author wrote that he had taken the unusual step of travelling Ontario and actually listening to people, and I think that these Working for Workers bills that our government has been issuing really show that, and I know that our current minister has really latched onto that constant consultation and open-mindedness, and we’re really seeing that now.

My cousin’s partner is a tattoo artist. She worked at a tattoo parlour in London, and she was really hoping to open her own tattoo parlour. We didn’t know each other super well at the time, but we ended up having a conversation where she explained this to me. It turned out, for over a year, she had put off that step to open her own parlour because the agreement that she had signed as part of her work with the existing tattoo parlour had a non-compete clause in it that said that she couldn’t open a tattoo parlour within something absurd like 500 kilometres of the existing parlour.

I don’t have any background in employment law, but even hearing that, I was like, “I’m pretty sure that’s not okay,” and then I did two seconds of research and was like, “Yes, that’s definitely not okay.” But that’s something that had prevented her for over a year from actually manifesting her dream, which was to open her own tattoo parlour, which she now has, and it’s doing wonderfully.

But again, my cousin’s partner, Mel, is not the type of person that is going to, generally speaking, be able to come to Queen’s Park; she just happened to have a boyfriend whose cousin was a lawyer. And yet it’s people like her, people who rent stylist chairs, people who work in salons, who frequently had these types of clauses in their contracts who are now going to be benefited by this.

I also really, really appreciate the care that this bill shows to workers in the restaurant and service industry. People who work in that industry are really the ones that make our lives worth living. We go to work, but a lot of our fun, our relaxation is going for meals, going shopping, experiencing things in the service industry, and without those individuals performing those jobs, we really wouldn’t have access to that.

I personally believe that every single person should have to work as a server at some point in their life to know what it’s like. I have a long history of working in the service industry, as a younger individual, I started off cleaning floors in a vet clinic, ended up as a baker at Tim Hortons for several years and then a bartender at Holiday Inn and eventually working my way up to fine dining. Sometimes I say I’m not sure if this means I was either a really terrible server or a really terrible crown and politician, because I have never had a day as a crown attorney or a member of provincial Parliament that had as much stress and terror in it as an average day as a Tim Hortons baker or working in fine dining. I have never had a work nightmare about being a crown attorney or an MPP, whereas I have had multiple work nightmares about abandoning my tables mid-shift. It’s really, in many ways, the closest thing I can think of to door-knocking: Every table you approach, you have absolutely no idea how the interaction is going to go, but you have to keep smiling the entire time.

I remember when I first started these positions, many of the places that I worked had me do unpaid trial shifts and also told me that I was responsible for dine-and-dash, so if I failed to make sure that a customer had paid, that was going to be docked from my tips or my wages. I was probably smart enough and cantankerous enough even as a young person to know—I was like, “That’s essentially just loss that you incur as a business. It’s similar to shoplifting. There’s no way I should be responsible for that.” And I think the only time it ever happened to me, I revolted somewhat and ended up not having to pay. But, again, many people that are in this industry are young, are naive, are vulnerable, are not in a position to go up against their employer and say, “I’m not going to do this.” So by addressing this dine-and-dash issue as well as the issue of gas drive-offs by specifically including gas stations, that’s incredibly important. I believe it’s the member for Mississauga–Malton who is particularly passionate about the issue of gas drive-offs, because there have been people who have been injured and died trying to stop people from leaving a gas station without paying because they in no way can possibly afford the cost of that person’s fuel, essentially, and their employers have told them they were responsible. Again, these are workers who do not have the ability to come to Queen’s Park en masse with a union representative to strike, to picket, and yet they have been heard and their issues have been addressed.

Moving forward a little bit as far as my own feelings about this bill, from being a server and then onwards, I also really noticed and appreciated the requirement that salary information be posted, and the reason for this, I think, goes beyond simply the idea of having clear expectations. As we discussed quite a bit two weeks ago, we are still not at wage parity. Women are still earning approximately 87 cents to the dollar as men do. And when you are looking at salary negotiations, negotiation research shows that women are still, I think it’s less than half as likely as men to actually negotiate their salaries, to negotiate what they’ll be compensated for.

When you look into the research of salary negotiation, one of the things that is identified as specifically empowering women is having some objective information available about what colleagues or peers in the industry are making, because it gives you a set point to build off of. Generally speaking, women still end up 30% lower than men simply because they go in asking for less.

By posting an actual salary, we are eliminating in many ways that—anyone that has ever interviewed somebody, even for our executive assistants, who has asked that sort of cruel question: “So what do you expect to be paid?” What kind of question is that to ask somebody? Particularly, somebody young or entering a job for the first time, somebody that is desperate to have this job. It’s really just juggling on a tightrope to be able to identify in a split second what you think you are worth.

Again, when you look at negotiation research, men tend to refer to negotiations about salary as sort of like a fight or a wrestling match; whereas, the most common thing that women compared it to was going to the dentist. When you look at that attitude that they have towards it, you can really see how we can continue to lose the battle as far as wage parity between the genders.

So in doing this, I believe that we are going to significantly impact, in a slow but still important fashion, women’s ability to negotiate their salaries because we’re giving everybody—but I’m particularly talking about women—that little bit of objective information about this, and that is the range or the starting point. And I can actually have an objective point in order to base my own negotiation off of.

As I said, I really do believe that what this bill is and what all of the Working for Workers bills have been is a cumulative effort of travelling Ontario, of listening to people, of listening to people that may not have union representation as well as people that do and of trying slowly, gradually and carefully, with the balancing of interest that any government must always do, to address those needs and to make sure that our workers in all industries—but particularly service industries, which is about 6%—are being represented.

So I will certainly be supporting this bill with a great deal of excitement. I appreciate the opportunity to speak to it. I will hand off the remainder of my time to the member opposite.

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  • Mar/18/24 10:00:00 a.m.

Thank you for the question. Yes, I think this is an excellent movement. The use of NDAs in this type of situation can really lead to the exact opposite of, really, ethically what we are trying to accomplish, which is making sure that people are kept safe and protected and aware of any misconduct, whether it be harassment, discrimination or anything else.

I think what has happened here has been almost a case of what I call common-law creep, where it is not actually a defined policy or part of the legislation. However, it has become typical practice to do this, to the point that it has become very challenging, as counsel, to not do it.

It’s great to see that the Canadian Bar Association is so strongly in favour of this as well. Clearly, we have a case where the experts themselves are recognizing that this is an issue and are very committed to it being resolved. So I think this is an excellent course correction on the common-law creep that can happen.

As a woman, my feeling on this is that this gives me a significant amount of information that I would not have had before, but my own personal advocacy style remains to instead focus on initiatives that may support girls to understand their own worth, versus a later addressing of an earlier systemic issue.

What I am seeing in a lot of our work and education as far as STEM programs, STEAM programs, getting girls into coding and robotics, that type of thing—that’s really where I think that we are creating a generation of girls who will become a generation of women who don’t go into a discussion like this already doubting their own potential.

You’ve heard my comments on women, but I think that my comments apply to essentially anybody who is vulnerable or trepidatious when entering any type of salary negotiation.

Like I said, many of us have had the experience of hiring for our constituency offices or for executive assistants and looking into the face of some eager young person—I’m a bit of a chicken, and I would often have the chief of staff do the interview with me. Having the chief of staff then ask this poor kid what salary they are expecting—which is a question that I stopped using, because I just don’t think it’s effective.

Again, by giving people that range of expectation, it allows them to focus on their own work about what they’re going to do as far as trying to get this job, but also going in with an objective piece of data that will help them to negotiate.

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  • Mar/18/24 10:10:00 a.m.

This statement is a statement that I suppose is dedicated to a group of people, though, as you will hear, dedicated to one specific representative of that, which is the people that for all of us keep the home fires burning.

As we all know, being an MPP, being a politician, is a job that takes you away from family, from your home; but even from the basic exercises of keeping your household running. It makes you distracted. It can make you distant. It can make you angry, upset and frustrated, and sometimes not really the nicest person to be around for the people that love you the most.

For me, I’m an only child, and those people that really keep the home fires burning are my parents, represented today by my mother who is in the gallery. My mom was talking to some friends of hers that essentially had said something along the lines of, “Oh, you must be very proud. Your daughter has accomplished so much.” And my response, when she told me that, is: “Oh, that’s because they have no idea how much work I am.”

I think that I am arguably more work now than I was when I was actually under 18. From last-minute decorating my parade floats to going out to finding the perfect pair of black pants—which we still haven’t succeeded at hemming them the night of—to talking me down from ledges day after day, it’s really people like my mother that keep the home fires burning. So thank you and thank you, Mom.

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  • Mar/18/24 10:30:00 a.m.

It’s my pleasure to introduce a family friend of ours who is visiting from Trinidad, Kareema Whittle, and with her, previously mentioned in my member’s statement, is of course my mother, Ruth Dixon, the wind beneath my wings.

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