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La période est difficile pour toute personne œuvrant dans le domaine des droits de la personne, comme dans notre cas. Les programmes en équité, diversité et inclusion (EDI) font l’objet de vives attaques et sont en voie de démantèlement, du moins chez nos voisins du Sud, tant dans le secteur public que privé. Et il serait naïf de croire que le Canada est à l’abri de cette tendance.
It is a difficult time for anyone who works in the human rights space, like we do at Rubin Thomlinson LLP. Diversity, equity, and inclusion (DEI) programs are severely under attack and are being dismantled, at least south of the Canadian border, in the public and private sectors. I fear that Canada is not far behind.
I recently presented a webinar with my colleagues, Janice Rubin and Elizabeth Bingham, called, “How to be a Good Second Reader.” The webinar was aimed at those who, like me, review investigation reports.
As a workplace investigator, maintaining neutrality and avoiding bias is always top of mind. I found a recent Federal Court case, Whitelaw v. Canada (Attorney General), to be helpful, because it provides a great summary of the case law in this area, and insight into what the Court evaluates when dealing with allegations of procedural unfairness in investigations.
I recently had the privilege of being a speaker at an webinar event hosted by the Society of Ontario Adjudicators and Regulators (SOAR), to deliver training on fairness issues in investigations.
Most organizations allow employees to use some degree of discretion (i.e., use their own judgement) when making hiring, promotional, and pay decisions. I have noticed a trend in several of my recent investigations, which is that the exercise of managerial discretion became a source of friction and …
Workplace investigations have been around for quite some time as a way for diligent employers to address potential issues hindering the workplace. If, as a result of its long-standing use, they no longer appear cryptic in the eyes of some employees and employers, they still carry a perfume of mystery and elicit questions for many others. In my practice, most of the questions I hear from parties and witnesses in an investigation are procedure-based, pertaining to confidentiality or the length of the process.
In the world of workplace investigations, we often hear of adopting a trauma-informed approach in sexual harassment cases. We especially heard this during the #MeToo movement, and, indeed, it was necessary.
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