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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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Drawing the line: When performance management becomes harassment

Most of us approach our work with the intention of doing our best.  We strive to ensure that the quality of our work meets the standards that we have set for ourselves as well as those established by our employer and the clients or customers we serve.  Whether or not this objective is realized depends on a combination of factors that relate to our individual strengths and the particular conditions of our work environment.

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Cultural understanding vs. “culturalism” in workplace investigations

One of my most embarrassing moments occurred in high school when I had dinner with a friend, whose grandmother was visiting from Iran. She had made us a wonderful meal, and because she didn’t speak any English I tried to convey my gratitude with two enthusiastic thumbs up. She gave me a shocked look and ran out of the room, while my friend and her parents dissolved into horrified giggles. Apparently, the “thumbs up” gesture does not mean the same thing throughout the world.

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What triggers a duty to investigate an allegation of discrimination?

The first question employers need to ask themselves when a complaint is raised, is whether they need to investigate. The case of Gu v. Habitat for Humanity Greater Toronto Area Inc., 2018 ONSC 2725 (CanLII) helps to answer that question. It illustrates that a general allegation of discrimination without any details after an attempt has been made to obtain those details, does not trigger an employer’s duty to investigate.

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Believing the complaint is not enough: Guidance on appropriate investigations into inappropriate comments

Guidance on appropriate investigations into inappropriate comments
As investigators, we see that harassment often comes in the form of derogatory comments about people’s racial and ethnic background, as well as their sex, gender identity and gender expression. What we do not see as investigators, but can reasonably assume, is that these comments often go uninvestigated. Why?

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Credibility assessments – A case study

As an investigator, one of the questions I get asked most often is, “How do you know who is telling the truth?” It is a great question, and one that I think all investigators grapple with. Indeed, one of the hardest parts of report-writing is drafting the credibility section. My colleague Megan Forward previously provided a “credibility assessment lexicon” that can come in handy when writing about a party’s credibility. A recent arbitration decision out of Alberta provides some valuable pointers on how to properly assess the credibility of a party’s evidence.

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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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Workplace investigation alert – a conscientious inquiry: Accommodating and investigating employees living with mental illness

Workplace investigations and workplace accommodations are two distinct procedures. The former is a fact-finding process that occurs in response to a complaint or incident of harassment. The latter is a procedure by which an employer and an employee work together to accommodate an employee’s limitations as a result of an injury, illness or disability. But when the accommodation relates to an illness that has an impact on an employee’s interpersonal behaviour, such as a mental illness, these two distinct procedures may intersect.

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