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Serious insight for serious situations.

Serious insight for serious situations.

Assessing credibility: avoiding common pitfalls in workplace investigation reports

Writing about credibility is one of the most challenging aspects of workplace investigation reports. As someone who reviews a lot of reports, I find that investigators usually have a good sense of who is credible and who is not, but they can struggle to write about how they assessed credibility. This is especially true of newer investigators.

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Neurodivergent interviewees: Tips for conducting fair and thorough investigations

Investigators typically follow the same process in every investigation. We gather evidence, usually through interviews, we use that evidence to make factual findings, and we analyse those findings to determine whether a breach of policy has occurred.

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We believe you  . . .  Sometimes

The assessment of credibility and reliability is always a central part of an investigator’s work. My colleague, Chantel Levy, wrote an excellent overview of the considerations a decision maker should bear in mind when making a finding of credibility, including consistency, corroborative evidence, plausibility, and motive.

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Carroll v. Trump: Lessons for investigations of historic claims of sexual abuse

We have had mandates to investigate allegations of sexual abuse that occurred many years ago. As we point out to clients who wish to retain us, beyond the complexities of every case of this kind, most notably that there is usually no direct evidence of the event having transpired, “historic” cases present unique challenges: Witnesses may no longer be available, documents may have been destroyed, and memories inevitably fade.

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L’affaire Render ou l’histoire d’un cas de tolérance zéro en matière de harcèlement sexuel |  The Render’s case or a story of zero tolerance in sexual harassment

Si l’année 2022 nous a déjà fourni amples sujets de discussions tels que la gifle de Will Smith aux Oscars, ou encore le procès en diffamation de Johnny Depp, la récente décision de la Cour d’appel de l’Ontario dans l’affaire Render v. ThyssenKrupp Elevator (Canada) Limited, 2022 ONCA 310 (CanLII), rejoint, à mon avis, aisément ce palmarès.

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