“If you can’t write out your mandate in a short and simple paragraph, don’t start.”
When delivering our Workplace Investigation Fundamentals sessions, this is how I start the discussion on mandate. Simply put, an investigator’s mandate is the thing (or things) that they are being asked to do, the decision (or decisions) that they are being asked to make.
Most Canadian jurisdictions require employers to have policies that address issues like workplace harassment, discrimination, and violence. In our investigation practice, we read many of these “respect at work” policies, and the overwhelming majority of them are clearly written to specifically comply with legislative requirements.
Where does the time go? Federally-regulated organizations surely recall the passing of Bill C-65 which amended the harassment and violence provisions of the Canada Labour Code (“CLC”). They also no doubt recall the accompanying Work Place Harassment and Violence Prevention Regulations (“Regulations”) that came into effect in January of 2021, and set out more specific requirements for those employers that fall within federal jurisdiction.
I was waiting in a security line at the airport last week when someone brushed past the woman and child behind me to jump the line. I was struck by the rudeness (and boldness) of this act of incivility and so I discretely pointed it out to the offender. They responded by raising their voice, denying the act, and telling me to mind my own business in a fit of profanity. Whew! That took the initial incivility to a whole other level!
