Here are some of the articles from our investigations experts:
What workplace investigators need to know to investigate complaints of discrimination Most people who have experience with workplace investigations would acknowledge that historically, marginalised groups are underrepresented in the workplace investigator community. While there is no available data regarding the demographics of Read more…
How to get the most out of your workplace assessment process Workplace investigations are an essential part of maintaining a respectful workplace and are required when an employer becomes aware of a possible incident of workplace harassment. In some cases, however, something is clearly “off” within a workplace, but no specific complaints have been made. Read more…
Can workplace investigators make solid credibility assessments during virtual interviews? Before the COVID-19 pandemic, most workplace investigators would have agreed that the best way to conduct interviews was in person. It was believed that sitting down face-to-face with complainants, respondents and witnesses offered many benefits, including Read more…
You’ve completed a workplace investigation: Now what? Workplace investigations are an important part of maintaining a harassment-free workplace and are mandated by legislation throughout Canada. When an investigation is done fairly and thoroughly it can uncover problematic behaviour, make the complainant feel heard, and give the employer a broader understanding of systemic issues. Read more…
How P.E.A.C.E. interviewing can help workplace investigators get reliable information and avoid bias The P.E.A.C.E investigative interviewing framework is scientifically-supported and used by professional investigators throughout Canada. It has become the international gold standard. Studies have shown that P.E.A.C.E. trained interviewers are less likely to Read more…
In workplace harassment investigations, mistakes can be costly Both investigators and employers know that over the last few years, the obligation to conduct fair and thorough investigations into allegations of workplace harassment and sexual harassment has become more stringent, and investigation reports are scrutinized more than ever. In addition, recent court and tribunal cases demonstrate that the Read more…
How Workplace Investigators can be Effective Witnesses When a Report is Challenged The biggest worry for many workplace investigators is having an investigation challenged through a court process, at a tribunal, or through an arbitration. We all know that workplace investigations can be difficult and complex, and having your process and report analyzed and dissected can feel like a nightmare. Ideally, you will have ensured that your process was fair and thorough, Read more…
Top Tips for Writing Clear Investigation Reports
It’s no secret that an inadequate workplace investigation can have serious financial consequences for employers, and can lead to embarrassment, reputational damage and even financial liability for third-party investigators. In one recent decision1, the Ontario Human Rights Tribunal awarded a complainant over fifty thousand dollars Read more…
Recognizing and Investigating Racial Microaggressions in the Workplace
As our awareness of racial discrimination grows, we should all be turning our attention to microaggressions. It’s an interesting exercise to read older decisions of Human Rights tribunals, and to see how discrimination and harassment in the workplace are presented. In the 1996 decision Naraine v. Ford Motor Co., for example, Read more…
Internet Tools can be Invaluable to Investigators
Whether you are someone who conducts regulatory investigations, workplace investigations, fraud investigations, or some other kind of investigation, it is likely that technology has greatly impacted the way you do your work. Twenty years ago, evidence might have primarily come in the form of interviews and written notes, Read more…
How to Understand Microaggressions When Conducting Investigative Interviews
Awareness of microaggressions is essential to understanding equity, diversity and inclusion. Historically, when we think of racist, sexist, or otherwise discriminatory behaviour, we think of words and actions that are obvious: using racial slurs, failing to hire women for powerful positions, teasing the only Read more…
Avoiding Accusations of Bias Through Good Interviewing
When questioning goes wrong, How workplace investigators can avoid claims of bias through proper interview techniques? One of the most commonly referred-to examples of what not to do during an investigation is the Alberta case Elgert v. Home Hardware Stores Limited (2011 ABCA 112). In this case, Read more…
Guidance on Avoiding Credibility Pitfalls for Investigators
The Divisional Court provides useful guidance on how investigators can avoid credibility pitfalls. One of the hardest parts of report writing for any investigator is crafting a fair and comprehensive credibility assessment. There are many credibility pitfalls that decision makers can succumb to, including overreliance on Read more…
Family Status Discrimination Investigations are Becoming Even More Complex
Workplace discrimination has always been one of the more challenging areas for investigators, due to the often subtle ways discrimination presents. It is important for employers and investigators to understand all grounds of discrimination under human rights legislation; in the wake of the COVID-19 pandemic, Read more…
Workplace Assessments: A Powerful Tool to Address Harassment and Bullying
It goes without saying that workplace harassment and bullying can have a detrimental impact on the mental health of workers, and that it is something that employers need to address. Often, this is done through a workplace investigation, in which a trained investigator gathers information about allegations of bullying Read more…
Am I Being Lied to?
A paper mentioned by the American Psychological Association estimates that the average person lies 11 times per week. Thankfully, most of the lies are harmless – ‘yes, I do think you’ve lost weight, now you ask’ being up there amongst the most common ones. So, what do you do if you’ve interviewed someone Read more…
Workplace Assessments – Uncovering Workplace Conflict
In July 2021, the NFL fined the Washington Football Team $10 million as a result of a scathing review of its workplace culture. The review was conducted by Beth Wilkinson, a prominent Washington lawyer. She and her team conducted interviews with over 100 current and former employees, found that Read more…
Restoring the Workplace After an Investigation or Review
On July 6, 2021, Mary Simon was named as Canada’s 30th Governor-General – the first Indigenous person to hold this title. Simon’s appointment comes on the heels of the former Governor-General Julie Payette’s unceremonious resignation after an independent review described the culture of her office as Read more…
Investigating Discrimination – Is this Discrimination?
We asked the instructor of our upcoming Investigating Discrimination in the Workplace to set out why knowing how to investigate allegations of discrimination in the workplace is so important. Here’s what he wrote: On June 24, 2021, MP Jody Wilson-Raybould tweeted a screenshot of a text message she received from Read more…
Tips for Managing Unreasonable Complainants During Your Investigation
I suspect many of us have been involved in investigations where the complainant has unreasonable expectations that are impossible to meet. They are unwilling to accept reasonable and proportionate resolution. They may try to control your investigation. Their complaint may have become their whole life. Read more…