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The dilemma of the anonymous complaint – Part 2

November 19, 2019 | By Katharine Montpetit

In a previous blog, we discussed the tricky issue of anonymous complaints. We set out steps that employers can take to prepare themselves for the inevitable receipt of one, and best practices in communicating with anonymous complainants. In this blog, we do a deeper dive into how to go about investigating such a complaint.

In our experience, there is no one-size fits all approach to investigating anonymous complaints. Often-times the best approach will be one that is tailored to the contents of the complaint so be sure to read and re-read your complaint carefully before deciding on how to proceed.

Fine line between deception & honesty – Understanding a reluctant party

November 11, 2019 | By Dana J. Campbell-Stevens

In my previous life, before becoming an investigator, I lived in the world of private legal practice, both in the Caribbean and in Ontario, Canada. In that role, I had the opportunity of interacting with persons of diverse social, cultural and racial backgrounds, persons of varying personality types and persons with experiences that had shaped their life or the way they interacted with others. There were many occasions where the persons with whom I interacted, whether as their advocate or as opposing counsel, were seemingly not forthcoming with the information that I needed to illicit. The typical or traditional thinking is that they are not forthcoming because they are either lying or have something to hide.

Do I have to tell the respondent everything?

November 8, 2019

One of the questions we are often asked is how much information should be disclosed to a respondent during an investigation. Some feel that respondents are more likely to provide honest and candid information if they are taken by surprise as opposed to having advance notice of the allegations and supporting evidence. The fear is that with the information, a respondent may have more time to concoct a story in response to the allegations and evidence. The problem with this tactic is that it is premised on an underlying assumption that the respondent has something to hide and is therefore “guilty” of the allegations. Such an approach is not impartial. It also risks being found to be procedurally unfair.

#MeToo at two – Has anything changed?

November 6, 2019 | By Janice Rubin

A few weeks ago, I was part of a panel on TVO. The discussion centred on what had changed in the two years since the #Me Too Movement had begun. Much to my surprise, I seemed to be the sole voice on the panel who thought that the needle on the sexual harassment dial had moved at all.

At the risk of sounding like a Pollyanna, let me explain why I believe things have changed. I do so from the vantage point of someone who leads a large team of lawyers, lawyers who investigate complaints of sexual harassment across the country, in English and in French, and in every conceivable type of workplace.

Where to meet? Tips on choosing interview spaces

November 5, 2019

I recently did several investigations which involved a bit of creativity when choosing the interview location. The situations made me think of how an interview space can affect a participant’s experience and perhaps the quality of evidence that is elicited during that meeting. Below, I offer some thoughts to consider when choosing an interview space.

The interview is an opportunity for the investigator to neutrally gather evidence. It is also an opportunity for the interviewee to talk about their understanding and observations of the situation at hand. The interview is often one of the key, if not the main, sources of information that an investigator will have.

Investigations involving health care providers – 5 questions to ask at the start

October 23, 2019

Being the daughter of a retired health care provider, I observed from an early age the balancing act of providing patient-centred care while wanting to do one’s best in a workplace that can be emotionally charged, fast-paced and ever-changing (I know that these descriptors not only apply to working in health care generally, but could apply to an employee’s experience in just one shift).

Starting an investigation when no one asked (or wanted) you to

October 21, 2019

You hear things. A whisper here and there. An overheard comment about a colleague crossing the line with another colleague. Repeatedly. Or maybe it’s more than a whisper. Maybe it’s more of a resounding chorus. And the voices are all offering alarmingly similar and compelling descriptions of a colleague engaging in a pattern of behaviour that – according to multiple reports – is decidedly unwelcome. The information may even be set out in writing in a formal letter of complaint. But the author of the letter has chosen to remain anonymous.

“She told you what?!” How to use confidant evidence in a workplace investigation

October 17, 2019 | By Elizabeth Bingham

When we ask complainants in a workplace investigation whether there were any witnesses to the events that form the basis of their allegations, it is not uncommon to hear, “Well no, but I told my partner/best friend/colleague everything.” This is especially true in cases of sexual harassment or assault, where the events in question often take place in private, without witnesses present.

Serious insight for serious situations.