Workplace investigations require a sensitive and strategic approach and well - trained counsel to reach the best possible outcome.
Not exact matches
It's good to give employees these options because «one thing you don't want to do is
require people to report only to their supervisors, because unfortunately that may be the person who they have a complaint about,» says Lisa Guerin, an attorney specializing in employment law and the author of The Essential Guide to
Workplace Investigations: How to Handle Employee Complaints & Problems.
How to Protect Privilege in a
Workplace Accident
Investigation — Even Where
Investigation Required by Statute
First, the Bill provides that the results of an employer
investigation into an incident and complaint of
workplace harassment, and any report created, are not reports respecting health and safety for the purposes of the section 25 (2)(l) and 25 (2)(m) OHSA provisions
requiring production to the JHSC, safety representative or workers.
This program must be reviewed at least once a year and, in addition to providing a means to report incidents or complaints of
workplace harassment and setting out how complaint will be investigated and dealt with, employers are
required to: address alternate means of reporting complaints of
workplace harassment; how confidentiality will be maintained during an
investigation; and how the complainant and alleged harasser will be informed of the result of the
investigation — including corrective action.
Clearly, the MOL could
require an employer to conduct an
investigation (whether using internal resources or a third party) into a
workplace harassment complaint if the employer has not investigated.
In addition, the Bill proposes to employ Ministry of Labour Inspectors to order that an
investigation into an incident or complaint of
workplace harassment be conducted by a person with such knowledge, skills, and experience as
required by the Inspector.
We do not believe that the employer could be subjected to an order or requirement from the MOL arising from the Bill 132 changes,
requiring it to implement specific measures in response to the findings of a
workplace harassment
investigation.
If you have consulted with legal counsel, and have determined that confidentiality is
required, tell the complainant to maintain confidentiality within the
workplace about the
investigation, so the results will be as reliable as possible.
It is important to note that if the third party conducting the
investigation investigates
workplace harassment complaints as part of their regular business, they will likely be
required to be licensed to do so, generally as a private investigator or lawyer.
Employers will have an obligation to keep resulting
workplace harassment
investigation reports confidential, unless the disclosure is necessary for the purposes of investigating or taking corrective action with respect to the incident or complaint, or is otherwise
required by law.
It will
require that all incidents and complaints of
workplace sexual harassment be appropriately investigated, that a complainant be informed of the results of the
investigation and any corrective action, and that the employer's
workplace harassment program be reviewed at least annually.
In addition, OHSA would
require that employers have measures and procedures for workers to report incidents of
workplace harassment and for the permissible disclosure of information during and after the conclusion of the
investigation.
However, it should be noted that this decision was made prior to recent amendments to the Occupational Health and Safety Act, which
require employers to conduct an appropriate
investigation into all incidents and complaints of
workplace harassment.
Tamsin Kaplan explains how to properly conduct
workplace investigations and describes the case - specific analysis
required to determine if non-disclosure is necessary.
Considered the gold standard among professionals in the industry, the Institute consists of intensive training on the core knowledge and skills
required to conduct impartial
workplace investigations.
Ms. Cole - Johnson is a trained
workplace investigator and regularly conducts, manages, and provides advice regarding
workplace investigations involving all types of employment - related issues, particularly those
requiring Board of Director and senior management involvement and high - profile matters.
This workshop focuses on essential
investigation skills
required by HR Professionals who are charged with investigating
workplace incidents.
This workshop focuses on essential
investigation skills
required by HR Professionals and In - House Counsel who are charged with investigating
workplace incidents.
Importantly, under these earlier cases, the Board had held that an employer's OHSA
workplace harassment obligations
required a
workplace harassment policy, a program with reporting and
investigation mechanisms, and worker training on both.