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In addition to traditional workplace investigations, sometimes we are asked to conduct broader inquiries into concerns of systemic barriers and discriminatory policies and practices. To do so, we use a variety of information gathering techniques such as policy reviews, data analysis, questionnaires, focus groups and one-on-one interviews. As the variety of matters for which organizations
Unfortunately, for those of us who support employers through workplace investigations, it is almost inevitable that one day, a truly terrible workplace investigation report will land on our desks. These reports may be prepared by people internal to our clients’ workplaces, or they may be prepared by an external investigator. What do I mean by
The number of decisions dealing with how not to conduct workplace investigations continues to grow. One of these decisions, Ditomene v Boulanger, 2013 QCCQ 842, comes from the Quebec Court and while the case was decided under the Civil Code of Quebec, it provides a laundry list of flaws that should be avoided in a
Recently I was asked to conduct an investigation by an organization that had received a complaint from another organization with which they did business, on behalf of one of its employees. While many of the investigation steps will be the same as in a more traditional internal investigation, the request did raise some important process
The other week, my partner Chris Thomlinson and I conducted our first workplace investigation training session in Regina, Saskatchewan. We were with a great group of people. To prepare, Chris and I reviewed a number of interesting workplace investigation cases that have been decided in Saskatchewan, but have principles applicable for workplaces and investigators across the
When delivering our workplace investigation training, we often discuss the need to assume a wide readership for the investigation reports that we prepare, and to write accordingly. Few of us, however, should expect a readership that the investigators tasked with looking into allegations against the Rutgers men’s basketball coach knew that they would face. Video
When an employer is made aware of allegations of employee misconduct, employment lawyers generally advise that they are expected to respond fairly and conduct some form of investigation before reaching any conclusion on fault for the misconduct and any resulting discipline. Given the potential duration and cost of an investigation process, an employer may be
Since joining Rubin Thomlinson, I have had the opportunity to deliver workplace investigation training to hundreds of human resources professionals who are challenged in their workplaces to respond to issues of discrimination and harassment. During that time, I’ve noticed an increasing recognition of the duty to investigate these matters, and in some cases, I’ve seen
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