Williams HR Law LLP

Workplace Investigations

Dot The “I’s” and Cross The “T’s”: Alberta Arbitration Decision Highlights Importance of Thoroughly Investigating Allegations of Misconduct Prior to Taking Corrective Action

In Sterling Crane v International Union of Operating Engineers Local 955 [Sterling], Arbitrator Norrie disagreed with the employer’s dismissal of an employee (the “Grievor”) after he made a derogatory...

Managing Political Expression at Work: Key Strategies for Employers

Despite the adage “politics and work do not mix”, employees are becoming increasingly emboldened to express support for political causes in the workplace. Because the political and the personal...

Navigating Complex Investigations: Employer Ordered To Pay Damages For Discrimination After Faulty Investigation

In Rojas v MMCC Solutions Canada aka Teleperformance Canada [Rojas], the Human Rights Tribunal of Ontario (“HRTO”) ordered the employer to pay $40,576 in damages for discriminating against an...

Ontario Labour Relations Board Clarifies Employer Disclosure Obligations Following a Harassment Investigation

The Ontario Labour Relations Board (the “OLRB”) in Shannon Horner v Stelco Inc. Lake Erie [Horner] considered the scope of the duties imposed on employers with respect to workplace...

Clear Investigation Leads to Clear Cause: Recent Decision Showcases Importance of Proper Workplace Investigations

When addressing workplace harassment, the power of a thorough workplace investigation can be instrumental in justifying termination of employment for cause. The recent arbitration decision of Health Sciences Association...

Navigating Credibility in Workplace Harassment Investigations: Insights from Aslam v Ontario College Of Pharmacists

When making findings of fact in a workplace investigation, it is crucial for investigators to assess the credibility of witnesses in the context of the evidence as a whole....

Privilege Prevails: Ontario Court of Appeal Upholds Dismissal of Defamation Action Concerning Workplace Investigation Report

In Safavi-Naini v Rubin Thomlinson LLP [Savafi-Naini], the Ontario Court of Appeal (the “Court”) upheld a motion judge’s dismissal of a defamation action brought by the complainant in a...

No Duty Of Care Owed by Lawyers Acting As Investigators to Complainants in Workplace Investigations

In Mezikhovych v Kokosis [Mezikovych], the Ontario Superior Court of Justice (“ONSC”) found that no duty of care is owed by a lawyer acting as an investigator to a...

A Costly Reminder on the Importance Of Conducting an Impartial Workplace Investigation

In the recent decision of McGraw v Southgate (Township) [McGraw], the plaintiff was wrongfully dismissed from her employment based on unfounded, sexist allegations and gender-based discrimination. Justice Chown of...

Workplace Investigations: Part 3 – the Code Of Practice: Some Answers to Questions About Bill 132

[vc_row][vc_column width=”1/3″][vc_single_image image=”181″ img_size=”full”][/vc_column][vc_column width=”2/3″][vc_column_text]Part 2 of our series on workplace investigations focused on the recent amendments made to the Occupational Health and Safety Act (the “OHSA”) and Limitations...