It is not out of the ordinary for our firm to conduct workplace investigations involving very senior leaders – presidents, CEOs, senior vice-presidents, partners (in the case of law and accounting firms, for example), school principals, and even board members. While complaints against these individuals may not be the norm, they certainly do exist.
A workplace investigation will often start with an internal dispute between co-workers. The issue for an investigator will usually be to hear the evidence and to determine what was said or done, and to then determine whether the conduct in question was contrary to the standard of behaviour expected under an organization’s policies.
In recent years, we have seen important shifts in how employers are working to prevent and address harassment, discrimination, and violence in the workplace. As part of their efforts, employers are increasingly implementing training on these topics as a proactive measure.
I recently wrote a blog discussing a case adjudicated by the Prince Edward Island Human Rights Commission, which involved allegations of sexual harassment at a small local restaurant and the cost consequences of that employer failing to have a sexual harassment policy in place.
It’s that time of the year again. No, I am not talking about “chestnuts roasting on an open fire,” or the “it’s the most wonderful time of the year” feeling. I’m talking about the time of the year when many of us are trying to get into the holiday spirit while juggling work deadlines and demands,….
Investigators typically follow the same process in every investigation. We gather evidence, usually through interviews, we use that evidence to make factual findings, and we analyse those findings to determine whether a breach of policy has occurred.
Workplace restoration is a developing area which is now being considered by many employers. One reason for the growing interest is the ongoing effort by employers to improve the work experience for their employees and to create a safe and harmonious workplace for them.
On September 29, 2023, the Human Rights Commission of Prince Edward Island (“PE HRC”) rendered its decision in the matter of Milligan v, Maczak Holdings Ltd. , a case involving sexual harassment of a restaurant worker at Smitty’s Family Restaurant (“Smitty’s”) in Charlottetown, PEI.
This is the first in a series of blog posts that I will be writing on data and investigations.
The ultimate goal of organizations is to get into what we at Rubin Thomlinson call “the zone” – the optimal workplace that is characterized by respect, civility, tolerance, inclusivity, and no, or few, employment-related legal problems.
“How was I to know they were offended by my jokes? They never told me they were uncomfortable.”
Jokes between colleagues can be an important contributor to positive workplace culture. Unfortunately, some employees are subjected to jokes and teasing that is offensive or demeaning.
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