Investigations Archives - Page 9 of 11

Policy pet-peeves continued: Crafting a complaint and investigation process in your policy that will make workplace investigations easier

November 3, 2020

I have seen some policies that set out a specific hierarchy for reporting a complaint. The order sometimes starts off with addressing the matter directly with the person engaging in the unwelcome behaviour, followed by reporting it to a supervisor, that supervisor’s manager, Human Resources, and in cases where Human Resources is engaged in the alleged wrongdoing, a member of the executive team and/or an independent organization.

Maybe not that GIF: Digital blackface and other ways in which anti-Black racism may present in the workplace

October 21, 2020

Call it a job perk? As a workplace investigator, I not infrequently get questions from friends, family, people I’ve just met, about whether Situation XYZ may be an example of discrimination and/or harassment. A recent discussion about digital blackface led me to think of other possible examples of how anti-Black stereotypes and microaggressions can manifest in the modern workplace.

Help! I’ve been asked to be a witness in an investigation

August 25, 2020

Witnesses to whom I have extended an invitation to meet with me often have questions about the process. They want to know whether they are obligated to participate, what the investigation is about, and what will be done with the information they provide.

What the media got wrong about the Sullivan decision & what workplace investigators need to know

June 10, 2020

Recently the Ontario Court of Appeal released its decision in R. v. Sullivan, a case involving the automatism defence. For those who don’t know, this defence can potentially be raised when an individual enters a state of impaired consciousness in which they are capable of acting but have no voluntary control over those actions¹. Through amendments to the Criminal Code of Canada in the mid-90s, the defence of automatism cannot be used for violent offences when the automatism is brought on by self-induced intoxication.

Avoid opening Pandora’s box: Working with your external investigator before, during and after the investigation to safeguard neutrality

May 12, 2020

We have all heard of the myth of Pandora’s Box – a box containing many evils that once released into the world could not be put back. As a third-party workplace investigator, I often think of clients having a Pandora’s Box full of information that, if released, could be prejudicial and could lead to an eventual claim of bias.

Case law round-up on fairness: Recent examples of getting it right…and getting it wrong in workplace investigations

May 4, 2020 | By Katharine Montpetit

Fairness is something that we talk about a lot as investigators, although we appreciate that the term can sometimes feel a bit nebulous. Here we have rounded up a couple of recent cases that put the concept into effect, and highlight the importance of ensuring a fair and unbiased investigation…

Serious insight for serious situations.