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At the outset of an investigation, investigators need to consider how they will collect the verbal evidence from their interviewees. One of the best ways to ensure the accuracy of the evidence collected is to use a recording device.
The nature of discrimination is such that it is often based on an individual’s “gut feeling” about an experience or interaction, rather than anything that is overtly said or done. The courts have recognized time and again that discrimination is often subtle and not overt.
How many of you can relate to that feeling of relief and maybe even joy when you are “oh so close” to completing a task. As a workplace investigator, I can definitely relate. In my experience, it is a great feeling knowing that I am close to placing a checkmark beside an investigation and moving that investigation file to the “closed” section of my files.
In a recent Provincial Court of Alberta decision, Dupont v. Ag Growth International Inc. (AGI-Westeel), 2021 ABPC 118, the trial judge ruled that just cause termination was a disproportionate measure following a workplace investigation where the dismissed employee was found to have sexually harassed a female colleague. The employer subsequently appealed this decision to the Alberta Court of Queen’s Bench, who allowed the appeal.
You may have seen the news about New York Governor Andrew Cuomo’s resignation, following an investigation that concluded that he sexually harassed 11 women from 2013 to 2020. Investigators interviewed 179 people and ultimately found a pattern of unwanted touching and sexually suggestive and inappropriate comments towards staff, State employees and members of the public.
It is September and back to school time, including back to the physical campus after more than one year of virtual learning. I imagine that most students are looking forward to being back on campus, or attending campus for the first time. It is an exciting time, yet…
In the normal course of a workplace investigation, the investigator interviews the parties and the witnesses, obtains relevant documents, conducts follow-up interviews where needed, and then drafts a report using the evidence gathered.
Maintaining mental health and wellness will be challenging during this school year. COVID-19 pandemic restrictions kick in again, deepening changes to schools and campus communities. Fraying individual and collective health will be compounded by the unequal treatment and discrimination traditionally experienced in security and policing on university and college campuses.
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