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Serious insight for serious situations.

Serious insight for serious situations.

B.C. Human Rights Tribunal Tackles Complainant Credibility

One of the frequent questions we are asked when conducting our workplace investigation training is, “When faced with conflicting evidence at the end of a workplace investigation, how can we make decisions about the relative credibility of the parties and witnesses?” Even more challenging can be articulating the reasons why you believe the evidence of

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What the Premier League clearly did not learn from the Miami Dolphins

Just last week, I wrote about the Miami Dolphins’ swift and effective response to offensive tweets posted by a player in response to the NFL’s draft of its first openly gay player, Michael Sam. Within a week, news of offensive and sexist e-mails written by Richard Scudamore, the Chief Executive of the Premier League, were

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What do Halifax potholes and workplace investigation problems have in common?

I have been “away” for the last number of years, and here I am, back in Halifax, with my own workplace investigation practice. My pleasure at being home has been tempered by the potholes populating Halifax streets. As I was bobbing and weaving down roads leading toward and away from everywhere, I started thinking about

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B.C. bank botches investigation

“CIBC was cavalier, insensitive, and reckless. They forged ahead with a termination for cause based on inaccurate and incomplete information despite knowing they had a heightened responsibility to get it right.” This is the way The Honourable Mr. Justice Wong of the British Columbia Supreme Court described the CIBC’s decision to dismiss an employee for

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An $800,000 cautionary investigation tale from Alberta

In what the arbitration panel called a tragic case, an employee of the City of Calgary has been awarded $800,000 in damages (The City of Calgary and CUPE, Local 38, 2013 CanLII 88297). The employee, who worked as a clerk in the City’s Roads division, was sexually assaulted on a number of occasions by a

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He said WHAT about me?! Defamation in the workplace investigation context

In a workplace investigation, it is not uncommon for complainants and potential witnesses to express concerns about job-related reprisals before speaking to the investigator. Recently, however, I had witnesses in two separate investigations tell me that they did not want to participate for fear of being sued by the respondent, with one witness specifically referencing

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The cost of discrimination and harassment: $65,000.00; the cost of a failure to investigate: $6000.00; legal lessons learned … Priceless.

In the recent case of Islam v. Big Inc., 2013 HRTO 2009 (CanLII), the Human Rights Tribunal of Ontario ruled that a Toronto restaurant, Le Papillion on the Park (the employer), created a poisoned work environment by: a)  forcing three Muslim restaurant workers to eat pork despite knowing that it was against their religious beliefs

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