Click here to purchase your copy of Human Resources Guide to Workplace Investigations, Second Edition, a must-have practical guide to workplace investigations written by leading employment and workplace investigations lawyers Janice Rubin and Christine Thomlinson.

Serious insight for serious situations.

Serious insight for serious situations.

But I Did an Investigation…: BC Human Rights Tribunal Weighs in on Investigative Gaps in Discrimination Case

The law on harassment investigations tells us that an employer must conduct an investigation that is “reasonable” and “appropriate in the circumstances.” The challenge is to know what the exact content of a reasonable and appropriate investigation is, particularly when the workplace issue to investigate appears to be like a puzzle with missing pieces whose final picture is constantly shifting.  

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Writing policies and procedures in the era of #MeToo

With the second anniversary of the Bill 132 changes fast approaching (September 2018), my hope is that organizations can use some of this insight to shape future iterations of their own workplace harassment policies which, pursuant to the legislation, must be reviewed on (at least) an annual basis.

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Jane Doe and the myth of the “real” victim

The Federal Court of Appeal recently heard an application for judicial review of a decision of the Public Service Labour Relations and Employment Board (the Board) in which the Board had found that an employer – the Canadian Border Services Agency (CBSA) – failed to provide a harassment-free workplace for one of its employees.

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The Effect of an Investigation on the Respondent

Most workplace investigation decisions focus on the psychological harm to complainants suffered as a result of the alleged misconduct. We have written about this issue before – see our discussion of the importance of a trauma-informed approach for victims of sexual assault here.

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