We are often asked whether a respondent in an investigation (the person against whom the complaint is made) is entitled to know the allegations before him or her prior to the investigation meeting. Often, this question arises from the belief that, if given time, the respondent will have an opportunity to craft his or her
On August 1st, 2017, the Australian Human Rights Commission released a landmark report entitled “Change the Course: National Report on Sexual Assault and Sexual Harassment at Australian Universities”. The first published contribution of its kind in Australia – a national human rights agency has collected, analyzed and transparently reported findings on the issues of sexual
In my time as an investigator, I have noticed a theme that arises in many workplace harassment investigations: Emails cause problems. I know what you’re thinking – almost every workplace relies on email! How can people communicate without it? To be clear, I am not advocating for an end to email in the workplace. However,
On May 17, 2017, Bill 127 (Stronger, Healthier Ontario Act) received Royal Assent. The Bill modified the Workplace Safety and Insurance Act to allow WSIB benefits for workers who suffer from chronic mental stress in the course of their employment. In advance of Bill 127 coming into force on January 1, 2018, the WSIB released
In 2017, technology is a part of our everyday experience. In a world where Amazon has replaced the corner store and Tinder has replaced the local bar, it’s not surprising that businesses are now turning to apps and artificial intelligence to assist with workplace harassment reporting and investigations. Using artificial intelligence (AI) to identify potentially
As an external investigator brought in to investigate allegations of sexual assault, it is often necessary to make a determination as to whether or not the particular activity was consensual. This is one of the most difficult determinations to make, as it requires an assessment of the complainant’s subjective mind at the time of the
Employers are increasingly relying on workplace assessments as a tool to gather information from their employees in order to identify organizational culture issues and develop recommendations and strategies to address those issues. Using a combination of information-gathering techniques, such as interviews, focus groups and questionnaires, employers can encourage participation while maintaining the confidentiality and trust
By now, most employers are well aware of the duty to protect employees from workplace harassment. However, what happens when the harasser is outside the workplace? Is the duty to protect still triggered? Most employment lawyers in Ontario would advise that an employer can (and should) take to protect its employees from workplace-related harassment, regardless
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