Workplace Investigations Archives

A refresher on the “duty of care” – Who do we owe it to? | Petit rappel sur le « devoir de diligence », à qui est-il dû ?

January 3, 2023 | By Alexandra Djagba Oli

Workplace investigations have been around for quite some time as a way for diligent employers to address potential issues hindering the workplace. If, as a result of its long-standing use, they no longer appear cryptic in the eyes of some employees and employers, they still carry a perfume of mystery and elicit questions for many others. In my practice, most of the questions I hear from parties and witnesses in an investigation are procedure-based, pertaining to confidentiality or the length of the process.

“Accent translation” software? It’s time to flip the script on linguistic hierarchies

December 20, 2022 | By Clara Matheson

Language discrimination is a harmful reality in many workplaces, and employers need to be proactive in not only preventing it, but in celebrating and promoting language diversity. In a world where 281 million people live in countries other than where they were born, and with a record number of Canadians (13%) reporting a first language other than English or French, this issue is more important than ever. The rise of controversial new voice-altering technology, which perpetuates existing hierarchies about who speaks English with the “right” accent and who does not, adds to this urgency.

Investigations involving white fragility

December 19, 2022 | By Chantel Levy

If you are an investigator like me, you may have noticed the term “white fragility” has emerged in some of your cases, especially when the investigation involves claims of race-based harassment and/or discrimination. This may be as part of a complainant’s allegation, as in the respondent engaged in “white fragility,” or as part of a respondent’s response, as in “this is not a case of ‘white fragility’.” The concept has sparked much debate, as not everyone agrees with it.

Ontario to regulate campus employee-student sexual misconduct with Bill 26

December 14, 2022 | By Elsie Ikhariale

On October 27, 2022, the Ontario government announced Bill 26, Strengthening Post-secondary Institutions and Students Act, 2022 (“Bill 26”). Beyond finalizing the legal name change of the former Ryerson University to the now Toronto Metropolitan University, Bill 26 proposes new rules on how Ontario post-secondary institutions (“PSI” or “PSIs”)…

Workplace bullying deconstructed

December 6, 2022 | By Heather Shields

As lawyers who conduct both workplace investigations and workplace assessments, we often hear from employees who have been the target of workplace bullying.

Trauma-informed approach to discrimination investigations

November 23, 2022 | By Dana J. Campbell-Stevens

In the world of workplace investigations, we often hear of adopting a trauma-informed approach in sexual harassment cases. We especially heard this during the #MeToo movement, and, indeed, it was necessary.

Don’t touch my hair!: A guide to investigating race-based hair discrimination

October 25, 2022 | By Tola Olupona

Growing up as a young Black girl in a predominately White town, I always wore what we call in the Black communities a “protective hair style.” Specifically, I grew up wearing the single braid hairstyle to protect my hair from breakage caused by Old Man Winter.

Serious insight for serious situations.