Workplace Investigations Archives

Part 2: Restoring the workplace after a harassment or discrimination investigation

April 14, 2021

In my last blog, I discussed “Restoring the workplace before a harassment or discrimination investigation.” However, what if the horse is already out the barn? An investigation has been conducted; relationships in the workplace are broken; the environment has become toxic because of the situation, the investigation, or both; there is a lack of trust; productivity is low; and/or communication is poor. How do you restore the workplace now?

Part 1: Restoring the workplace before a harassment or discrimination investigation

April 12, 2021

| By Dana J. Campbell-Stevens

Fortunately, or unfortunately, harassment and discrimination investigations have become quite prevalent in the workplace in recent years. Notwithstanding the legislative mandate, it is a positive indication when organizations are responding to complaints of harassment and discrimination within their workplace. However, in my experience as a workplace investigator, I often see quite clearly that, before an organization decides to pursue an investigation, there are multiple opportunities to address some of the issues by using less adversarial means.

The impact of “cancel culture” on workplace investigations

March 30, 2021

| By Tola Olupona

In our workplace investigation training sessions, we often talk about “the four pillars” of the investigation process — fairness, thoroughness, timeliness, and confidentiality — as the foundation of a solid investigation. Here, I briefly explain how “cancel culture” can impact fairness, thoroughness, and confidentiality.

Empathy in Workplace Investigations

March 16, 2021

| By Chantel Levy

My first experience with a workplace investigation was vicariously first-hand, when a close friend of mine was named as a respondent and I became their de facto support person. The investigation was ongoing for three months. During that time, my friend ate, slept, and breathed that investigation.

The Prevalence of trauma and trauma-informed interviewing

March 2, 2021

| By Sharon Naipaul

It seems like every time I see the news or read the paper, there are stories of trauma everywhere. This is partially because, sometimes, these are the stories the media features for “clicks.” But I think, more importantly, this is because trauma is just incredibly prevalent in the human experience.

Making a list and checking it twice? Selecting an investigator in federally-regulated workplaces

January 4, 2021

| By Fiona Lee

On January 1, 2021, new regulations will come into force that will amend the Canada Labour Code (Code) and change how harassment and violence investigations are to be conducted in federally-regulated workplaces. Among the changes are the provisions surrounding the selection of a workplace investigator. Under the new regulations, an employer can appoint an investigator from a list of investigators that the employer has jointly developed with its health and safety representative, workplace committee, or policy committee.

The importance of being thorough in workplace investigations: A reminder

December 15, 2020

| By Martin Ejidra

In our workplace investigation training sessions, we often talk about the four pillars of the investigation process: fairness, thoroughness, timeliness, and confidentiality. The recent decision of the Human Rights Tribunal of Ontario (the “Tribunal”), Young v. O-I Canada Corp., is an example of an investigation under scrutiny due to its lack of thoroughness.

Serious insight for serious situations.