Whether you are an internal investigator, or an external one, producing a report at the end of the workplace investigation process can be difficult and daunting. Over the years, we have produced many many reports, and we have reviewed many many others. We’ve also had the benefit of talking about how to write a report
A decision out of the Federal Court of Appeal this month has provided a reminder for investigators that their approach, their reports and the eventual findings must be reasonable in order to pass judicial scrutiny. The decision, Emerence Miakanda-Batsika v. Bell Canada 2016 FCA 278, is an endorsement of a previous Federal Court decision (2014
As we know, workplace investigations are often challenging at the best of times. However, when investigating workplace sexual violence or sexual harassment even the most seasoned workplace investigator sometimes wonders why she did not pursue another profession. Not only is the subject matter deeply personal but can also be profoundly embarrassing and painful for individuals
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
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