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In preparing for an upcoming course on bias, I have been thinking about the potential impacts that various biases might have on the respondent interview in a workplace investigation. While investigators often turn their minds to issues such as racial or cultural bias, as well as biases that might flow from a personal relationship, another
I would venture to say that many, if not most of us have struggled with credibility assessments in our practices. Whether interviewing witnesses in workplace investigations or as legal counsel preparing clients to give evidence, we are alive to what is being said and how it is being received. More often than not decisions arising
A recent Alberta arbitration decision, Hinton Pulp, A Division of West Fraser Mills Ltd. v. Unifor Local 855, 2014 CanLII 57678 (AB GAA) illustrates how a lack of candour during an investigation can impact on the terms under which an employee is reinstated following a termination. The employer had terminated Thompson, a long-term employee with
Occasionally I am asked to conduct investigations in remote parts of the country. Through discussions with the client, it is typically agreed that I will travel to one of their regional offices in order to conduct a number of the interviews in person. As I will only be making one trip, it is always important
Across the country, legal decision-makers are increasingly reviewing employers’ workplace investigation efforts and finding them flawed. Consistent with this trend is a case from New Brunswick, Cyndi Cross v. Irving Pulp & Paper Limited, 2012 CanLII 85143 (NBLA) in which Arbitrator George Filliter reviewed the employer’s workplace investigation, and found it deeply flawed. Cyndi Cross,
A recent decision of the Superior Court of Justice, O’Reilly v Purolator Courier Ltd, 2014 ONSC 3266 (CanLII), suggests that questions regarding how a workplace investigation was conducted may mean that a release signed in favour of the employer may not be enforceable. The facts of the case are straightforward. In 2007, two female Purolator
As I have begun my workplace investigation practice in Nova Scotia in the last few months, I have encountered some commonly held misconceptions among the employers I’ve spoken with about workplace investigations. These “myths” impact how an employer decides to handle, or more commonly ignore, human rights complaints in the workplace, often to the detriment
Lately, I have had the opportunity to assist a number of employees who have had the unfortunate displeasure of being the recipients of a harassment complaint against them; let’s call them the “Respondents” for ease of reference. Each Respondent has expressed to me their initial reactions to the complaints. They are remarkably similar. They tell
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