In a workplace investigation, a corroborating witness is a person whose evidence supports or confirms the evidence of another witness, including a complainant or respondent. Given that people’s memories naturally fade over time, minor inconsistencies between witness accounts are often not significant and, in many cases, to be expected.
As external investigators, our investigation ends with the delivery of a written report to our client. These reports always include findings of fact, and an analysis of those findings to determine whether there has been a breach of a policy and/or legislation. Sometimes, our clients will also ask that a report include recommendations for next steps.
A few years ago, my mother was submitting an online job application and mentioned to me that one of the questions asked whether the applicant was a visible minority. She told me that she left the answer blank so that she wouldn’t be used as a “token” to “check a box” – literally and figuratively
An investigation usually involves a complainant and a respondent. The basic premise is that as workplace investigators, we hear what each party has to say, collect other relevant evidence, and then weigh the evidence to decide whether, on a balance of probabilities, the allegations are substantiated.
I have been an adjudicator for four different administrative tribunals over the course of more than 20 years. This experience has served me well since I have found that many adjudicative skills are transferable to investigations.
In a recent blog post, I discussed a case where the Ontario Superior Court found an investigation to be inadequate and unfair because it was based on rumour, gossip, and hearsay, and ultimately resulted in the employer making an unjustified and costly decision to terminate an employee’s position.
In the summer of 2020, there was an incident involving a City of Toronto Municipal Standards Officer, Michael Rushton, and two Black women, Eva Amo-Mensah and Deborah Ampong (the “complainants”).
As awareness and understanding of gender diversity grows, more transgender, non-binary, and gender non-conforming persons are feeling supported and empowered to express their gender identities in the workplace.
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