Serious insight for serious situations.

Serious insight for serious situations.

Representative or witness? Be certain before you proceed

As workplace investigators, we regularly conduct interviews where the interviewee is accompanied by a representative from their union or association. Many collective agreements have provisions that allow employees to have their representative present during any interviews that are conducted as part of a workplace investigation, regardless of whether the employee participates as a party to the investigation or as a witness.

Read More

Whistleblower Series: The workplace whistleblower program – friend or foe?

What seems like a really long time ago, I wrote in one of my blogs that I would be doing a series on whistleblowing. It seemed like a great idea at the time: there isn’t that much practical information about whistleblowing out there and I have a lot to share on the topic given that I have done work in this field for many years. But then, a pandemic happened, and my “series” didn’t quite get off the ground. I’ve come back to the topic, though, as I’ve been fielding some questions about it lately.

Read More

The impact of “cancel culture” on workplace investigations

In our workplace investigation training sessions, we often talk about “the four pillars” of the investigation process — fairness, thoroughness, timeliness, and confidentiality — as the foundation of a solid investigation. Here, I briefly explain how “cancel culture” can impact fairness, thoroughness, and confidentiality.

Read More

The importance of being thorough in workplace investigations: A reminder

In our workplace investigation training sessions, we often talk about the four pillars of the investigation process: fairness, thoroughness, timeliness, and confidentiality. The recent decision of the Human Rights Tribunal of Ontario (the “Tribunal”), Young v. O-I Canada Corp., is an example of an investigation under scrutiny due to its lack of thoroughness.

Read More

Virtual investigations: The good, the bad, and the future?

I must admit that pre-COVID-19, I was wary to conduct investigations virtually. This had more to do with my own discomfort with technology and videoconference platforms than anything else. Now, more than six months into the pandemic, it is hard to deny that virtual investigations may be around for the long haul. Below are some of our observations regarding conducting investigations remotely.

Read More