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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.
Workplace investigations are not for the faint of heart. The sensitive subject matter and high stakes often cause tensions to run high, not just for the parties, but also potentially for investigators.
Lately I have noticed a renewed focus and attention placed on the racial identities of neutral decision makers and fact finders, and on the question of whether this is something we should be concerning ourselves with when selecting one.
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