investigations

Do I have to tell the respondent everything?

March 4, 2020 Rubin Thomlinson LLP HR Policies and Procedures, Human Resources, Human Rights, Privacy and Security, 0

One of the questions we are often asked is how much information should be disclosed to a respondent during an investigation. Some feel that respondents are more likely to provide honest and candid information if they are taken by surprise as opposed to having advance notice of the allegations and supporting evidence. The fear is that with the information, a respondent may have more time to concoct a story in response to the allegations and evidence.

employment law, harassment investigations, human rights, Human Rights Tribunal of Ontario, investigations, procedural fairness

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

September 4, 2019 Rubin Thomlinson LLP Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Privacy and Security, 2

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.

#metoo, credibility assessments, employment law, investigations, sexual abuse, sexual assault, Sexual violence, traumatic events, workplace investigations

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

August 9, 2019 Rubin Thomlinson LLP Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, 0

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?

complaints of harassment, employment law, harassment in the workplace, internal investigation, investigations, suspend the employee with pay while you investigate, suspension with pay, workplace investigations

Workplace investigations that are required or recommended

December 7, 2016 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Penalties and Fines, Union Relations

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.

discrimination, employee misconduct, employment law, external investigator, human rights complaints, internal investigator, investigation training, investigations, occupational health and safety act, OHSA, workplace accidents, workplace harassment, workplace investigation training, workplace investigations, workplace sexual harassment

AODA audit blitz for retail organizations

October 30, 2015 Christopher Lytle MA CDS Accessibility Standards, Integrated Accessibility Regulation, Standard for Customer Service, Standard for Employment, Standard for Information and Communications, Standard for Transportation

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.

accessibility, Accessibility Directorate of Ontario, Accessibility for Ontarians with Disabilities Act, AODA audit blitz, business owners, Compliance Assurance Framework, investigations, retail organizations, use of terminology

Context is key: New trial for dismissed CIBC employee

September 8, 2015 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Union Relations, Wages and Compensation

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.

aggravated and punitive damages, breach of the final warning, British Columbia Court of Appeal, CIBC’s Code of Conduct, discipline, Employee Obligations, employment law, flawed investigation, investigations, just cause, litigation, misconduct, policies and procedures, termination, violations of policies

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