This is a one-day course that introduces participants to the legal concept of credibility and the practice of assessing credibility in workplace investigations.
Credibility is a tricky concept. There are general legal principles we use to govern how we assess credibility but believing one person over another can often feel like a coin-toss. Or you might believe one person over another based on a “gut feeling” that may be affected by unconscious bias. Even though assessing credibility is a challenging task, it is something that investigators must do in almost every investigation. Mistakes in how investigators come to conclusions about credibility may risk the investigation finding being overturned or may lead to a decision that the investigation itself was inadequate.
In this course we will help you understand what credibility means and get you comfortable with assessing credibility in a way that is legally defensible. Here’s what you’ll learn how to do:
- Identify the fundamental elements the legal concept of credibility
- Recognize the distinction between “the truth” and making findings of fact
- Ask questions to help you assess a participant’s credibility
- Determine when a credibility assessment is and is not necessary
- Understand the harm that accompanies a declaration that someone is not credible
- Review legal cases involving credibility assessments in investigations
- Draft meaningful and defensible credibility assessments in investigation reports
The concepts of this course are conveyed through several different scenarios that are introduced to participants at the beginning of the course. Participants will apply the concepts as they learn them through these scenarios in various interactive exercises.
At the end of this course, participants will be more confident that their approach to assessing credibility is legally sound and more comfortable making credibility assessments in the course of workplace investigations..
William Goldbloom, BA, MA, JD, Q. Med, is the principal and founder of WG Resolutions. He provides clients with effective and affordable resolutions to workplace conflict and misconduct through investigations, mediations, training and restorative practices.
William has provided training on preventing workplace harassment and conducting investigations across Canada. He is also a Qualified Mediator with the ADR Institute of Canada and received training in workplace restoration by the International Institute of Restorative Practices. Prior to founding WG Resolutions, William was a workplace investigator and trainer at a well known workplace investigation law firm. He started his law practice as an employment and labour lawyer at an international law firm.