workplace investigations

Unfair Investigation? No Comment.

January 15, 2020 Rubin Thomlinson LLP Employee Relations, Health and Safety, Human Resources, Notice, Damages and Settlements, Payroll, Training and Development, 0

We are now in a world where workplace harassment is taken much more seriously than it was before. Although some jurisdictions in Canada do not have an explicit legal obligation to investigate incidents of this nature, there is now a pressing moral obligation to do so. But when such a moral obligation is unmoored from legal principles or government-issued guidelines, there is a greater risk of unfairness to all parties. An investigation in this context is more likely to be guided by an emotional drive to either undermine those who raise complaints or persecute those who are alleged to have behaved badly, rather than arriving at factual findings from a neutral perspective using a fair investigation process.

employment law, external investigator, workplace complaints, workplace harassment, workplace investigations

How an external investigation actually saved money for an employer

November 6, 2019 Rubin Thomlinson LLP Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Training and Development, 0

A recent Human Rights Tribunal decision demonstrates that the short-term financial costs of an external investigation might also be balanced out by long-term financial savings.

discrimination, employment law, harassment, human rights, human rights damages, Workplace Assessments, Workplace discrimination, workplace investigations

8 tips on keeping an investigation confidential

October 11, 2019 Rubin Thomlinson LLP Employee Relations, HR and Technology, HR Policies and Procedures, Human Resources, Privacy and Security, 0

Investigations contain sensitive material that must always be kept confidential, a standard which has been adopted in the Ministry of Labour’s Code of Practice.

electronic communication, employment law, laptops, maximize productivity, privacy and confidentiality, workplace investigations

5 Key Changes to Newfoundland & Labrador’s OHS Workplace Violence & Harassment Prevention obligations effective January 1, 2020

September 13, 2019 Occasional Contributors Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Penalties and Fines, Training and Development, 0

Violence and harassment is an unfortunate reality of society – and of the workplace. Since April 1, 2019 (when New Brunswick’s new workplace anti-violence and harassment regulations took effect) every Canadian province and territory has an occupational health and safety regulatory scheme dealing specifically with workplace violence.

employment law, privacy, violence prevention, violence risk assessment, workplace investigations, workplace violence, workplace violence and harassment, workplace violence and harassment policy

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

Three popular articles this week on HRinfodesk

April 14, 2016 Cristina Lavecchia Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Source Deductions and Reporting, Union Relations, Wages and Compensation

Three popular articles this week on HRinfodesk deal with: An FAQ in relation to an employer’s obligation to have a casual worker sign off on vacation pay; a case that looks at workplace investigations; and Ontario’s proposal of eliminating the “30% Rule” for pension investment.

30 percent pension rule, allegations of harassment, casual workers, Employee dismissal, employee suspension, employment law, employment standards act, investment rule, pension benefits act, Pension fund, vacation pay, voting shares of a corporation, workplace complaints, workplace investigation, workplace investigations

Sexual harassment becoming a health & safety issue in Ontario

November 11, 2015 Doug MacLeod, MacLeod Law Firm Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights

On October 27, 2015, the Ontario government tabled Bill 132, Sexual Violence and Harassment Action Plan Act which, among other things, amends the Occupational Health and Safety Act to make workplace sexual harassment a health and safety issue.

Bill 1132 Sexual Violence and Harassment Action Plan Act, employment law, human rights code, occupational health and safety act, sexual harassment, workplace harassment, workplace investigations, workplace sexual harassment

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

OLRB opens the door to harassment reprisal complaints under the OHSA

January 8, 2014 Stringer LLP Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights

The Ontario Labour Relations Board (“OLRB”) recently made an important decision which may represent a significant shift in how it approaches allegations that employers have engaged in reprisals against workers who have filed harassment complaints.

adverse action against an employee, Bill 168, canadian employment law, employment law, harassment complaint, HR Law, occupational health and safety act, Ontario Labour Relations Board, reprisals, Section 50 of OHSA, termination was not a reprisal, workplace harassment, workplace investigations, workplace violence and harassment

Five steps to effective internal investigations

June 19, 2012 Adam Gorley Employee Relations, Health and Safety, Human Resources, Human Rights, Privacy and Security

How often do you undertake an internal investigation? In an environment where employers are under increasingly strict obligations to investigate workplace incidents over an increasing number of issues, employers in Ontario are facing more complaints…

balance of probabilities, conducting interviews, confidential information, Davis LLP, defamation, employment law, false imprisonment, good faith, gross negligence, identify risks, intentional infliction of mental suffering, internal investigation, Karen Bock, liability, negligent infliction of mental suffering, negligent investigation, occupational health and safety act, OHSA, ontario, record keeping, Tatha Swann, third-party investigator, violation of privacy, workplace incidents, workplace investigations

The debate over moral damages continues

January 20, 2012 Andrew Taillon Employee Relations, Employment/Labour Standards, Human Resources

Since Honda v. Keays, employment law and human resources practitioners have been watching how the law regarding bad faith dismissals has developed, in particular, the assessment of moral damages. A recently published decision has added some clarity to the moral damages question. The case, Canada (Attorney General) v. Tipple (2011) dealt with the well known case of Douglas Tipple.

bad faith, bad faith dismissals, bad faith termination, Canada (Attorney General) v. Tipple (2011), Douglas Tipple, employment law, grievance, Honda damages, Honda v. Keays, mental health effects, misleading and unduly insensitive, moral damages, psychological injury, reprisal, termination, workplace investigations

Employment standards update – Learn the latest

May 11, 2011 Yosie Saint-Cyr, LL.B. Managing Editor Conferences, Employment/Labour Standards

Historically, Ontario’s employment standards laws have been reviewed and updated frequently to address changes in the workplace. As expected, the provincial government has adopted various changes to employment standards in the last year or so. Understanding and following the Employment Standards Act requires that those affected by changes make the time to read about them and ask questions if something is unclear. In addition, it is your responsibility…

Audits, canadian employment law, compliance, early resolution of disputes, employment law, Employment Standards Claim, employment standards claim process, employment standards laws, Employment Standards Officer, Employment Standards Update, ESA, hours of work, Ministry of Labour, Ontario Employment Law Conference, Ontario Labour Relations Board, Ontario workplace, Open for Business Act, overtime, Statutory leaves, Stringer Brisbin Humphrey, temporary agency, temporary agency worker, workplace investigations