allegations of misconduct

Duty to conduct workplace investigations increasing

July 3, 2015 Rudner Law, Employment / HR Law & Mediation Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Privacy and Security, Training and Development, Union Relations

In recent years, there has been a dramatic increase in the role of investigations within HR and employment law. It is well-established that employers have a duty to investigate allegations of misconduct prior to taking disciplinary action. There is also a duty to investigate allegations of harassment or discrimination. There has been much emphasis on the manner of investigating such matters, and the need to be fair and impartial while also acting expeditiously. In the HR Law for HR Professionals course that I created for Osgoode Professional Development several years ago, investigations used to be a small part of one module. They now fill an entire day of the five day course. That is a clear indication of their growing importance.

allegations of misconduct, complaint mechanism and training, disciplinary action, duty to investigate allegations of harassment or discrimination, employers have a duty to investigate, employment law, healthy work environment, Human Rights Tribunal of Ontario, investigation, Resolution of the Complaint, workplace investigations

The importance of workplace investigations

May 2, 2014 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Union Relations

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.

allegations of harassment, allegations of misconduct, assessment of investigations, disciplinary action, dismissing an employee on a without cause, duty to investigate, employer's failure to investigate, employment relationship, HR Law, HR Law for HR Professionals, investigations, just cause for dismissal, Osgoode Professional Development, summary dismissal, workplace investigations

The courts giveth, and the courts taketh away

December 6, 2013 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll

The law of employment, like every area, is always evolving. This often works to the consternation of both employers and employees, who would like to have a sense of certainty regarding their rights and obligations. While it may sound self-serving, the ongoing evolution of the law is another reason why it is important to work with an employment lawyer on a regular basis, rather than consult once and assume that the law is the same a decade later. The cases below also serve as reminders of the unpredictability of the law.

2000, absence of a contractual agreement, allegations of misconduct, amount of notice or pay in lieu, an employer is entitled to dismiss an employee at any time, canadian employment law, common law right to temporarily lay an employee off, constructive dismissal, dismissing an employee without cause, employment law, employment standards act, investigation, law of employment, misconduct, Rudner MacDonald LLP, Stuart E. Rudner, temporary layoff, temporary layoffs, termination, terminations