Le 16 janvier 2020, Rubin Thomlinson donnait une conférence par webdiffusion sur les 10 cas à retenir de 2019 en matière d’enquêtes au travail. Voici les thèmes abordés et un résumé de cette présentation.
Employers sometimes ask us for guidance on how to share the results of a workplace investigation with the parties. It’s not difficult to imagine why.
All parties to an investigation—so long as they are employees of the employer—are entitled to learn the results of the investigation, as noted in the Ministry of Labour’s Code of Practice.
Yet letting a Complainant know that his harassment complaint was not substantiated, or telling a Respondent that he engaged in bullying, is difficult information to deliver. Information like this can be physically and emotionally overwhelming for the parties to hear, and both may experience a variety of emotions in response.
We know that workplace investigations can be disorienting experiences for the employees involved in them. Even a well-planned investigation can leave employees confused, at best, or deeply hurt and resentful toward one another or their employer, at worst.
As part of my practice, I am called upon by employee clients to provide advice regarding the negotiation of new employment contracts. Typically, by the time that I get involved, the employee has negotiated the terms of employment verbally with the potential employer, and has received a written employment agreement from the employer, that purports