First Reference company logo

First Reference Talks

News and Discussions on Payroll, HR & Employment Law

decorative image

investigations

Believing women while remaining neutral: Conducting sexual harassment and sexual violence investigations in a post-#metoo world

As in all investigations, the only way to sort out information that does not seem to make sense is to ask. In the case of complainants who may have experienced a traumatic event, asking such questions in a calm, non-judgmental way is more important than ever.

 

, , , , , , , ,

Workplace investigation alert – Injunctions in investigations: Do they ever work?

There is no question that workplace investigations are disruptive and difficult for the parties involved. Sometimes parties are removed from the workplace or their duties are modified. Complainants and respondents are often concerned about damage to their reputations and their careers once it is known that a complaint has been made, and that an investigation is being conducted. Can an investigation ever be shut down in anticipation of this disruption?

 

, , , , , , ,

Workplace investigations that are required or recommended

Until the last few years formal workplace investigations were relatively uncommon. Recent changes to the law however have totally changed the legal landscape relating to workplace investigations. To reduce legal exposure and save costs, I believe most employers should ensure that at least one employee receives workplace investigation training. This blog discusses four scenarios where workplace investigations are required or recommended.

 

, , , , , , , , , , , , , ,

AODA audit blitz for retail organizations

I am guessing that there are a few business owners who are scratching their heads with regards to new information concerning an AODA “Audit Blitz” for retail organizations. In a field pot marked with consulting companies one would figure that the use of terminology that strikes fear into the hearts of businesses is a little unnecessary. Granted, accessibility is a crucial part of the business landscape in Ontario, but scaring the bejesus out of business owners is counterproductive.

 

, , , , , , , ,

Context is key: New trial for dismissed CIBC employee

Rule of law

In a decision handed down April 27, 2015, the British Columbia Court of Appeal ordered a new trial. In particular, the court found that the trial judge had misapprehended the evidence and CIBC’s legal arguments, such that the trial judge’s overall conclusion could not stand.

 

, , , , , , , , , , , , , ,

The importance of workplace investigations

As I head to Osgoode Professional Development for module 3 of the course that my partner and I are Directors of, HR Law for HR Professionals, I am contemplating one of the aspects of HR law that has changed significantly in recent years: investigations.

 

, , , , , , , , , , , , , ,