On May 17, 2017, Bill 127 (Stronger, Healthier Ontario Act) received Royal Assent. The Bill modified the Workplace Safety and Insurance Act to allow WSIB benefits for workers who suffer from chronic mental stress in the course of their employment. In advance of Bill 127 coming into force on January 1, 2018, the WSIB released
In 2017, technology is a part of our everyday experience. In a world where Amazon has replaced the corner store and Tinder has replaced the local bar, it’s not surprising that businesses are now turning to apps and artificial intelligence to assist with workplace harassment reporting and investigations. Using artificial intelligence (AI) to identify potentially
As an external investigator brought in to investigate allegations of sexual assault, it is often necessary to make a determination as to whether or not the particular activity was consensual. This is one of the most difficult determinations to make, as it requires an assessment of the complainant’s subjective mind at the time of the
Employers are increasingly relying on workplace assessments as a tool to gather information from their employees in order to identify organizational culture issues and develop recommendations and strategies to address those issues. Using a combination of information-gathering techniques, such as interviews, focus groups and questionnaires, employers can encourage participation while maintaining the confidentiality and trust
One of the key challenges of a workplace investigator is to determine who did what and when – a challenge that becomes much more arduous when eyewitnesses fail to recall important details. In RT’s workplace investigation training course, Assessing Credibility, we teach participants about different interviewing strategies to enhance an interviewee’s memory. New Approaches to
I am often asked what “poisoned work environment” means. My thought is that while many people have heard the term and may even use it occasionally, they are not really sure what it is. A recent HRTO decision provides some clear guidance as to what a poisoned work environment is, how it often arises, and
There is a growing prevalence of workplace investigations in today’s legal landscape. Conventionally, employers have conducted investigations for two primary reasons: to minimize legal liability to employees who have experienced some form of injury or improper treatment in the workplace (e.g. injury, discrimination, harassment, etc.); and to obtain information that may be relevant to a
Bill 68, the Modernizing Ontario’s Municipal Legislation Act, 2017, received Royal Assent on May 30, 2017. One of the biggest changes introduced by the Bill is the requirement that all municipalities in Ontario have a Code of Conduct and either appoint an Integrity Commissioner, or make arrangements for the Commissioner of another municipality to fulfill
Constructive dismissal cases are tricky. The onus is on the employee to prove her case, often in the face of strong opposition from the employer. Moreover, the test is an objective one. It is not the employee’s subjective assessment of the workplace conditions that rules the day. Rather, it is the legal decision maker’s assessment
I was recently invited to speak on an Advocates’ Society panel on the subject of privilege of investigation reports. As an investigator who conducts harassment investigations, it was a fascinating discussion because the reasons for attempting to secure privilege over investigation reports of other types were compelling. For organizations dealing with issues such as major
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