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Did you know that the Canadian Federal Government is our nation’s biggest employer? The Government of Canada signs the bi-weekly paycheque for upwards of 250,000 people in the core public administration and separate agencies.[1] All of these employees, plus roughly 100,000 National Defence and RCMP members and employees, look to the Treasury Board for their
In a September 2, 2016 decision out of the Federal Court, Justice Russel Zinn did not mince words in his finding that a workplace investigator failed to retain an open mind during the course of her investigation. The decision, Balraj Shoan and Attorney General of Canada (2016 FC 1003) is a pointed reminder for all
While large organizations often have robust policies, human resources departments and, at times, human rights and/or investigation specialists to help them ensure that they are meeting the expectations of the Ontario Human Rights Code, it can be more challenging for smaller, less legally sophisticated organizations to ensure that they too are meeting expectations when faced with
I can almost hear the whirr of printers in human resources departments across Ontario pumping out the recent Ministry of Labour “Code of Practice to Address Workplace Harassment under Ontario’s Occupational Health and Safety Act [OHSA]” (“the Code of Practice”). This Code of Practice will no doubt become the go-to manual for Ontario employers as they
As an external investigator, I conduct investigations for various organizations using their policies and procedures as the basis for my process. Sometimes these organizations include within their policy a requirement that parties and witnesses be given the opportunity to review and sign off on my interview notes, or a statement that I have prepared based
The recent decision of Chen v. Moxie’s Restaurants Management Inc. from small claims court in British Columbia highlights some of the fundamental requirements for a workplace investigation and the consequences of an inadequate investigation. Mr. Chen was an employee of Moxie’s Restaurants for approximately four months until he was dismissed when one of the female
No. We do not think so if what you and your client would like to accomplish is a neutral, unbiased and objective investigation, and a neutral, unbiased and objective report. In a post-Bill 132 world, where investigation processes and reports will be scrutinized more closely, we do not recommend this approach. When you act for
In recent years, there has been a growing incidence of legal disputes involving inadequate workplace investigations. While these disputes often involve an employer’s failure to comply with prescribed statutory duties (e.g. as per the Occupational Health and Safety Act, the Ontario Human Rights Code, etc.), courts have equally demonstrated an increased willingness to impose upon
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