Workplace Investigations Archives - Page 26 of 30

Again? Making the case for workplace investigation “do-overs”

April 21, 2016 | By Janice Rubin

From time to time, we are retained to redo a workplace investigation that an employer has already done. The prompts for our work on these occasions are different. Sometimes, on review of the report (or in the case where none is produced) the employer itself knows there is a problem with the process or the

Workplace investigations: Interviews, note taking and other best practices

September 23, 2015

The decision in Bakery, Confectionery, Tobacco & Grain Millers International Union, Local 410 v. Canada Bread Company Limited, 2015 CanLII 20939 (NL LA) was interesting not only for its outcome, but equally for the description of the workplace investigation conducted into the horseplay/violence incident giving rise to the grievance arbitration. This incident occurred on April

« Savoir-faire » – Effectuer des enquêtes en milieu de travail dans ma langue seconde

August 25, 2015

J’ai grandi en parlant en français. Quand j’étais petite et que je jouais avec mes amis dans le quartier, on parlait en français ou en anglais selon les mots qui nous venaient à l’esprit. On vivait dans une communauté composée de familles anglophones, de familles francophones ou de familles bilingues, alors la langue n’était jamais

“Savoir faire” – Conducting workplace investigations in my second language

August 11, 2015

I grew up speaking French. From the time that I was little and playing with my friends in the neighbourhood, we spoke French or English depending upon what words came to mind. We lived in a community with English families, French families or bilingual families so language was never a dividing line – we were

Avoiding bias during respondent interviews

July 9, 2015 | By Cory Boyd

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

Credibility assessment: No problem for NSHRC Board of Inquiry Chair

January 8, 2015

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

Alberta arbitrator refuses to award back pay to employee who fails to admit bad behaviour during employer’s investigation

October 24, 2014 | By Janice Rubin

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

Conducting workplace investigations on the road

October 20, 2014 | By Cory Boyd

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

Serious insight for serious situations.