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Whether you are an internal investigator, or an external one, producing a report at the end of the workplace investigation process can be difficult and daunting. Over the years, we have produced many many reports, and we have reviewed many many others. We’ve also had the benefit of talking about how to write a report
A decision out of the Federal Court of Appeal this month has provided a reminder for investigators that their approach, their reports and the eventual findings must be reasonable in order to pass judicial scrutiny. The decision, Emerence Miakanda-Batsika v. Bell Canada 2016 FCA 278, is an endorsement of a previous Federal Court decision (2014
Did you know that the Canadian Federal Government is our nation’s biggest employer? The Government of Canada signs the bi-weekly paycheque for upwards of 250,000 people in the core public administration and separate agencies.[1] All of these employees, plus roughly 100,000 National Defence and RCMP members and employees, look to the Treasury Board for their
As an external investigator, I conduct investigations for various organizations using their policies and procedures as the basis for my process. Sometimes these organizations include within their policy a requirement that parties and witnesses be given the opportunity to review and sign off on my interview notes, or a statement that I have prepared based
No. We do not think so if what you and your client would like to accomplish is a neutral, unbiased and objective investigation, and a neutral, unbiased and objective report. In a post-Bill 132 world, where investigation processes and reports will be scrutinized more closely, we do not recommend this approach. When you act for
In recent years, there has been a growing incidence of legal disputes involving inadequate workplace investigations. While these disputes often involve an employer’s failure to comply with prescribed statutory duties (e.g. as per the Occupational Health and Safety Act, the Ontario Human Rights Code, etc.), courts have equally demonstrated an increased willingness to impose upon
From time to time, we are retained to redo a workplace investigation that an employer has already done. The prompts for our work on these occasions are different. Sometimes, on review of the report (or in the case where none is produced) the employer itself knows there is a problem with the process or the
I read recently that the Hydro One employee who was terminated in the “FHRITP” fracas had recently been reinstated, through an arbitration process, after he, among other things, extended a sincere apology to the reporter. Reading about his reinstatement made me think about the power of the apology. There is no question that an apology
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