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Serious insight for serious situations.

Serious insight for serious situations.

B.C. bank botches investigation

“CIBC was cavalier, insensitive, and reckless. They forged ahead with a termination for cause based on inaccurate and incomplete information despite knowing they had a heightened responsibility to get it right.” This is the way The Honourable Mr. Justice Wong of the British Columbia Supreme Court described the CIBC’s decision to dismiss an employee for

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An $800,000 cautionary investigation tale from Alberta

In what the arbitration panel called a tragic case, an employee of the City of Calgary has been awarded $800,000 in damages (The City of Calgary and CUPE, Local 38, 2013 CanLII 88297). The employee, who worked as a clerk in the City’s Roads division, was sexually assaulted on a number of occasions by a

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He said WHAT about me?! Defamation in the workplace investigation context

In a workplace investigation, it is not uncommon for complainants and potential witnesses to express concerns about job-related reprisals before speaking to the investigator. Recently, however, I had witnesses in two separate investigations tell me that they did not want to participate for fear of being sued by the respondent, with one witness specifically referencing

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Vive la France? Is limiting after-hours email a good thing?

This week, approximately one million workers in France in the digital and consultancy sector won a legally-binding agreement protecting them from having to respond to email outside of working hours – that is before 9 a.m. and after 6 p.m.  There has been much talk since about the effect that limiting email outside of working

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International be kind to lawyers day – Tuesday, April 8, 2014

No, I didn’t make that up.  It’s really a day, at least insofar as any “International…Day” is really a day.  This movement was started by Steve Hughes, a non-lawyer from St. Louis who works with lawyers in his presentation and rainmaking business and thought that, as a group, they weren’t so bad.  In fact, he

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The IQ principles

Recently my colleague and I had the opportunity to travel to Iqaluit, Nunavut in order to provide workplace investigation training. As part of my preparation for our trip, I was introduced to the concept of Inuit Qaujimajatuqangit, a term for Inuit traditional knowledge and information that is passed down through oral history, customs and traditions.

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Avoiding the sticker shock of a workplace investigation

There seem to be no shortage of articles and blogs these days touting the merits of conducting workplace investigations in many circumstances (we know because we write a lot of them). You read about how they can improve the workplace and help employers avoid legal liability. What you don’t often see written about is how

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No just cause after employer fails to investigate allegations of anti-Semitic remarks

An employer alleges that an employee made anti-Semitic remarks about the employer’s owners, the employer reacts and terminates the employee for cause, an investigation is not conducted, and the employee is not given an opportunity to respond to the allegations before he is terminated. This was the case in Ludchen v. Stelcrete Industries Ltd., where

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An alternative to the traditional investigation model

In addition to traditional workplace investigations, sometimes we are asked to conduct broader inquiries into concerns of systemic barriers and discriminatory policies and practices. To do so, we use a variety of information gathering techniques such as policy reviews, data analysis, questionnaires, focus groups and one-on-one interviews. As the variety of matters for which organizations

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Beware talk of retirement…

I was chatting recently with a friend about someone we both know who was forced to find employment at an advanced age because of his financial circumstances. There was no doubt in our minds that our mutual acquaintance would have far preferred to spend the remaining years of his life doing something other than pounding

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