Investigations Archives - Page 9 of 9

A crash course on course of conduct: When it comes to workplace harassment, a single incident may not be just a single incident

March 2, 2020

In Ontario, harassment is defined in both the Human Rights Code and the Occupational Health and Safety Act as a course of vexatious comment or conduct that is known or ought to be known to be unwelcome. The term “course of conduct” gives the impression that harassment needs to be made up of multiple incidents. In fact, in some circumstances one serious incident can constitute harassment in the workplace.

Managing your mandate in a workplace investigation

February 25, 2020 | By Katharine Montpetit

As workplace investigators, we have all been there…we thought there was just one allegation. We had visions of an easy, straightforward, and speedy investigation. But then you meet the complainant and when you ask them, “Is there anything else?” it turns out there is much, much more.

Neutrality in workplace investigations

February 20, 2020

When conducting interviews as a workplace investigator, I begin each interview by explaining my role in the investigation process to the interviewee. As an external investigator, I ensure that interviewees are aware that my role is to be neutral. In the past, I have been asked whether I could be truly neutral. I have had interviewees express to me their reservations about how I would be assessing the information they provide, for if a client retains our firm to investigate a complaint, would I not then just be serving the client’s interest? In this blog post, I answer these and other questions I have been asked in relation to an investigator’s neutrality.

“We just don’t believe her”: Confronting “organizational bias” in workplace investigations

February 18, 2020 | By Elizabeth Bingham

Bias – whether conscious or unconscious – is a problem that workplace investigators grapple with in many forms. Perhaps bias is exactly what we’ve been asked to investigate: was the complainant treated differently at work on the basis of her gender, race or religion? Or, maybe we’re concerned that our own biases are affecting our investigation: do I believe the respondent’s evidence just because he looks and talks like me?

Keep calm and carry on: When interviewees become aggressive

February 13, 2020 | By Melody Jahanzadeh

It’s no secret that workplace investigations can be an emotionally charged process. To that end, it is not uncommon for individuals who are interviewed during an investigation to become visibly upset or frustrated. However, it is an altogether different situation where an interviewee becomes downright aggressive, hostile or disrespectful towards the investigator.

Serious insight for serious situations.