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Too scared to say #MeToo: Are you the silencer?

October 4, 2019 | By Dana J. Campbell-Stevens

I recently attended a talk at Hot Docs on the book ‘Had it Coming: What’s fair in the Age of #MeToo’ authored by journalist Robyn Doolittle. In this book, Doolittle challenges the social attitude around sexual behaviour and sexual assault. She advances the notion that the “laws aren’t the problem,” as Canada has some of the most progressive sexual assault laws. Instead, the problem is our attitudes, more particularly the negative attitudes of police officers and those in the justice system, and the myths that pervade those institutions. These attitudes have adversely impacted the way sexual assault complaints are handled in Canada.

Dois-je tout dévoiler à la partie intimée? | Do I have to tell the respondent everything?

October 2, 2019

C’est une question que l’on nous pose souvent pendant notre formation sur les techniques de base en matière d’enquêtes au travail. Devons-nous vraiment tout dévoiler avant l’entrevue avec la partie intimée? Certains participants pensent que la partie intimée fournira des informations plus spontanées et candides s’il y a un élément de surprise pendant l’entrevue. Si la partie intimée reçoit une information détaillée, elle aura ainsi plus de temps pour inventer une histoire qui se conforme aux allégations et aux éléments de preuve. Cette tactique, toutefois, se fond sur une supposition que l’intimé cache quelque chose et est donc « coupable » de ce dont il est accusé. Cette approche n’est pas impartiale et peut mener à une conclusion que la partie intimée a été privée de son droit à l’équité procédurale.

Understanding the reader: A lesson in report writing

September 30, 2019 | By Liliane Gingras

I began my legal career as a young litigation associate in private practice and like many lawyers, found the first few years tough. The hours were often long, the timelines tight and the pressure to produce perfect work was constant. At the time, it was difficult to see why I was putting myself through this and eventually, I left private practice to become in-house counsel. I reflected upon those years many times after I left and begrudgingly, came to realize that the training I received had served me well over the course of my career. This was especially true of the writing skills I had developed, mostly by preparing court submissions under the supervision (read: scrutiny) of senior lawyers. These lawyers taught me the importance of putting myself in the shoes of the reader, a lesson that has had the most impact on the way I write investigation reports and review the reports of other investigators.

When declaring a complaint to be frivolous or vexatious, employers need to tread lightly

September 24, 2019

Workplace investigations can be hard on parties and employers alike, and the challenges don’t end when the investigation is over. At the conclusion of the investigation, decisions need to be made: What consequences (if any) will there be for the respondent? How will the employer remediate the working relationship? Is it even possible to do so?

A question I often get asked as an external investigator when the allegations turn out to be unsubstantiated is: Does this mean that the complaint was frivolous or vexatious, and if so should there be consequences for the complainant?

Fact or fiction: The truth about workplace mediation

September 19, 2019 | By Dana J. Campbell-Stevens

Workplace mediation is quickly becoming a sought-after method by which to restore the workplace following an investigation or in some cases to avoid a formal investigation altogether. More frequently, it is being included in the dispute resolution mechanisms and policies in many organizations and institutions. Unfortunately, however, there is still some confusion about what mediation is and what it is not which has led to some resistance in the utilization of the process. Here are some commonly held views which are thought to be fact but are actually fiction.

Think you’re off the hook to investigate? Not so fast

September 13, 2019 | By Katharine Montpetit

As investigators we know that an employer’s duty to investigate – while necessary to ensure a healthy and safe working environment – can also be cumbersome, expensive, and a significant strain on an organization’s resources. When an employee leaves the workplace and then files a complaint of harassment or discrimination, employers can be quick to try and avoid the investigation on the basis that an employment relationship no longer exists. Two recent cases – one from the Ontario Grievance Settlement Board and one from the Canadian Human Rights Tribunal – suggest that employers need to slow down and consider some factors before dismissing a former employee’s complaints.

Investigating the invisible: Examining subtle racial discrimination (Part 2)

September 10, 2019

The concept of a “microaggression” has received significant attention in recent years, and was explored more fully in a previous post. At its core, a microaggression is a subtle, often unintentional, behaviour that is rooted in stereotypes about marginalized groups. Despite the absence of ill will, microaggressions in the workplace can nonetheless amount to discrimination or harassment.

However, the challenge for investigators arises in determining whether a seemingly innocuous comment or action was motivated by a discriminatory stereotype or bias. When examining such allegations, investigators may wish to rely on the broader context and circumstantial evidence in arriving at their conclusions.

Building safety in sport – Lessons in shifting culture

September 6, 2019

I am the Harassment and Discrimination Officer for my community sport club. Unlike my club peers who volunteered for the board of directors or fundraising committee and who are busy organizing weekly bake sales, seeking sponsors and promoting online fundraising campaigns, my volunteer role has required little of my time. But that is likely changing and for a good reason. Amateur sport in Canada is undergoing a cultural transformation, specifically around safety in sport and the creation of a safe environment for all participants, particularly children.

Serious insight for serious situations.