Upcoming Webinar: March 9, 2023 @ 12:30 P.M. (EST)  |  Post-secondary Investigations Update Register Today!

Serious insight for serious situations.

Serious insight for serious situations.

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 ?

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.

Read More

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

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.

Read More

Investigations involving white fragility

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. 

Read More

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

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”)…

Read More

‘Tis the season… for workplace investigations? | Joyeuses… enquêtes en milieu de travail ?

Holiday season is almost here, and as workplace investigators, we know that during office holiday parties, some employees, managers, or directors who may have had one or two too many drinks sometimes engage in different types of misconduct – including vexatious comments or jokes, and unwelcome sexual advances or physical contact – that negatively impact individuals and that can even poison the work environment. This is borne out by the case law.

Read More

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

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.

Read More