Workplace Investigations Archives - Page 16 of 28

With a little help from my support person

July 31, 2019

For most people, participating in a workplace investigation is an unusual departure from their workplace routine. Whether they are a complainant or a respondent, it can be a stressful interaction to sit in a room, with a stranger, and be asked about the details of something that happened, say, ten months ago. One way to address this stress is by allowing a support person to attend the meeting. Indeed, some institutions specifically contemplate the involvement of a support person in their policies. But like anything connected to a workplace investigation you need to think about the support person’s attendance at the interview before it happens.

Sharing the investigation results or: How to stop worrying and have the conversation

July 18, 2019

Employers sometimes ask us for guidance on how to share the results of a workplace investigation with the parties. It’s not difficult to imagine why.

All parties to an investigation—so long as they are employees of the employer—are entitled to learn the results of the investigation, as noted in the Ministry of Labour’s Code of Practice.

Yet letting a Complainant know that his harassment complaint was not substantiated, or telling a Respondent that he engaged in bullying, is difficult information to deliver. Information like this can be physically and emotionally overwhelming for the parties to hear, and both may experience a variety of emotions in response.

How an external investigation actually saved money for an employer

June 24, 2019 | By Cory Boyd

At Rubin Thomlinson we deliver a lot of training on conducting workplace investigations and often the discussion turns to the costs of conducting an investigation, whether it be the monetary costs of an external investigation or the time costs of an internal investigation. These costs are typically balanced with the benefits of conducting an effective investigation, such as allowing employees to be heard, demonstrating a commitment to a respective workplace culture by “walking the talk” of policies, clarifying what actually occurred, and implementing targeted outcomes.

Straight and gay: Two cases of sexual misconduct at Canadian universities

June 20, 2019

Most reported cases of sexual misconduct on university campuses follow a common narrative: a male professor engages in sexual misconduct with female student. This scenario pits sexual violence advocates against institutions and engages the media. But what happens when the narrative changes?

Looking in the mirror: Harassment in legal workplaces

June 14, 2019 | By Elizabeth Bingham

Whether advocating for a client before the Human Rights Tribunal, drafting a Respect at Work Policy or assisting a client with engaging a workplace investigator, many lawyers are familiar with providing advice about harassment at work, but how many of us have thought about harassment in our own workplaces?

The Law Society of Ontario’s Discrimination and Harassment Counsel (“DHC”), an organization whose mandate includes providing services to people who have concerns or complaints about discrimination or harassment by lawyers and paralegals, shed light on this topic in its most recent report.

Believing women while remaining neutral: Conducting sexual harassment and sexual violence investigations in a post-#MeToo world

June 10, 2019

In the last two years, “I believe women” has become a frequent comment in discussions about sexual harassment and sexual violence. It’s an important one, given the negative experience that many women have had when trying to report sexual abuse, including low conviction rates for perpetrators and a feeling that their stories were not heard.

8 Tips on keeping an investigation confidential

June 5, 2019

Recently, I was on an airplane returning to Toronto from Sudbury. Apart from what I’m about to tell you, the flight was unremarkable. Friendly flight attendants served a selection of drinks and snacks. The flight jostled us across the sky with its typical turbulence. I sipped some wine, lamented how few pretzels there are in one bag, and caught up on the news at the end of a long day.

My tired eyes rested on the screen of an open laptop just ahead of me. What I saw was the title page of a workplace investigation report, which listed the names of the parties and the employer.

Workplace investigation alert – injunctions in investigations: Do they ever work?

May 29, 2019 | By Janice Rubin

There is no question that workplace investigations are disruptive and difficult for the parties involved. Sometimes parties are removed from the workplace or their duties are modified. Complainants and respondents are often concerned about damage to their reputations and their careers once it is known that a complaint has been made, and that an investigation is being conducted.

Serious insight for serious situations.