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We need a tort of sexual harassment

May 26, 2022 | By Flora Vineberg

In 2019, the Ontario Court of Appeal (ONCA) released its decision in Merrifield v. Canada (Attorney General), reversing a trial court decision and definitively ruling there to be no independent tort of harassment. The plaintiff, an employee of a police force, had made a claim of harassment and bullying which he asserted negatively impacted his career and caused him emotional distress.

Two times a charm: Why we conduct follow-up interviews in our workplace investigations

May 25, 2022 | By Heather Shields

I recently conducted a workplace investigation that included an allegation that an internal workplace investigation was unfair. Several witnesses who were interviewed as part of the internal investigation had provided evidence that was favourable to the complainant, but neither party to the internal investigation was provided with an opportunity to respond to this witness evidence in a follow-up interview.

Credibility Assessments in a “He Said- She Said”

May 17, 2022 | By Chantel Levy

If you’re conducting workplace investigations, it’s inevitable that at some point you’ll be faced with the dreaded “he said-she said” file. I think of a “he said-she said” scenario to be one where two parties have widely divergent versions of events and there are no eyewitnesses or other direct evidence.

When policies overlap

May 10, 2022 | By Janina Fogels

As more workplaces fill up and public life fills in again, we have no shortage of investigations involving conflicts between individuals who do not fit into the usual employment relationship category. Our firm also assesses and investigates conflicts within workplaces like membership organizations, municipalities, and service providers who deal with the public.

The perils of orientation week

May 4, 2022 | By Sophie Martel

During orientation week at the outset of last fall’s semester, reports over social media alleged that up to 30 women may have been drugged and sexually assaulted at one of Western’s campus residences. In response to these allegations, students planned a walkout, police were called to investigate, and Western implemented mandatory sexual violence awareness…

Let’s talk about texts: How to deal with evidentiary challenges relating to electronic messages in workplace investigations

May 3, 2022 | By Liliane Gingras

I’m not a particularly prolific sender of text messages (perhaps a generational thing). I’ve learned through doing investigative work that it is not unusual for work colleagues to exchange many (thousands!) of text messages over a relatively short period.

Rumour. Gossip. Hearsay.

April 26, 2022 | By Bruce Best

Sometimes, allegations of workplace misconduct will be clearly articulated and will be backed up by first-hand evidence of inappropriate behaviour or harassment, and employers will take the appropriate steps to conduct a fair and impartial investigation to determine whether such allegations are well founded.

Considerations when choosing a workplace investigator

April 12, 2022 | By Geoffrey Wong

Lately I have noticed a renewed focus and attention placed on the racial identities of neutral decision makers and fact finders, and on the question of whether this is something we should be concerning ourselves with when selecting one.

Serious insight for serious situations.