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The Ontario Court of Appeal recently considered this question in a case involving an appeal from a conviction of sexual assault.[1] The decision is an important one for any workplace investigator faced with assessing someone’s credibility.
We held a Webinar on June 18, 2020, on the subject of investigating microaggressions which clearly resonated with people. During the course of the session, a large number of participants wrote in to tell us about their own experiences with microaggressions.
Racism is on the rise as a result of the global pandemic. Concerns about its prevalence prompted Marie-Claude Landry, Chief Commissioner for the Canadian Human Rights Commission (CHRC), to issue a statement earlier this month condemning the practice. Landry noted that minority groups, and in particular people of Asian origin, have been the victims of taunts, threats and intimidation in public and online. She went on to make clear that no one should feel threatened or unwelcome because of the colour of their skin or where they some from.
Last week, our colleague Dana Campbell wrote a terrific blog entitled “Four Tips for Conducting Workplace Investigations Amidst the COVID-19 Crisis.” It contained some excellent advice including the use of technology to replace face-to-face interviews that are part of our investigation process.
We have all had a chance to put Dana’s advice into use this week as we are all investigating and working remotely. For the most part, this way of working has been successful. However, we have had some unanticipated mishaps, which we share with you below. And, in the spirit of working in new ways, this is the first RT blog written collaboratively, so you will hear the voices of different members of our team.
At Rubin Thomlinson we deliver a lot of training on conducting workplace investigations and often the discussion turns to the costs of conducting an investigation, whether it be the monetary costs of an external investigation or the time costs of an internal investigation. These costs are typically balanced with the benefits of conducting an effective investigation, such as allowing employees to be heard, demonstrating a commitment to a respective workplace culture by “walking the talk” of policies, clarifying what actually occurred, and implementing targeted outcomes.
One of the pillars to a sound investigation process is timeliness. Complaints and allegations of inappropriate workplace behaviour must be taken seriously, and demonstrating this seriousness means giving immediate attention to the matter. That being said, those of us who receive these complaints and allegations are usually juggling many other things, and it is often
Thank you so much for attending our webcast. We really enjoyed getting the chance to review the impact of Bill 132 and to imagine how it has, and will continue, to change workplaces. Since our broadcast we have found one more case that illustrates the impact of this bill on workplace harassment. In Toronto Community
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
