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Re SUN and Regina Qu’Appelle Regional Health Authority (2017 CanLII 87132 (SK LA)) is a cautionary tale for any employer who has ever relied upon circumstantial evidence to make a finding against an employee. In this case, the Grievor, a Registered Nurse with a history of substance abuse, was alleged to have stolen morphine from
“CSI-style wall…Creepy…I was horrified…Very evil…Disturbing behaviour.” These are phrases that might be used to describe an episode of Homeland or a big-budget suspense movie. In fact, these were statements uttered by individuals who worked with the Mayor of Whitchurch-Stouffville, Justin Altmann, regarding his behaviour in office. Mr. Altmann was the subject of a recent highly-publicized
We are often asked whether a respondent in an investigation (the person against whom the complaint is made) is entitled to know the allegations before him or her prior to the investigation meeting. Often, this question arises from the belief that, if given time, the respondent will have an opportunity to craft his or her
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
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
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
A few weeks ago, I met with a number of people who are in charge of retaining external investigators and who conduct internal investigations in their own organization. In my discussions with them, they asked me what our group of investigators does to take care of themselves. We have been talking about this for some
When conducting investigations, it is my practice to inform all parties that should they feel that their participation in the investigation and its process results in reprisal, they should immediately advise me or contact another appropriate resource. It is also important, for employers, when dealing with complaints and persons who are subsequently disciplined or terminated
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