Are you confident in your workplace investigation process? This article from Gilchrist Connell outlines essential tips and pitfalls for conducting efficient, fair, and legally compliant workplace investigations. https://lnkd.in/gbkcmAe3
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What is a workplace investigation?💭 Our latest article covers the key questions surrounding workplace investigations: 💡Who conducts a workplace investigation? 💡What is the objective of a workplace investigation? 💡What types of issues do they cover? Our breakdown of whistleblowing investigations in the workplace has all these insights and more. Read now ➡️ https://ow.ly/RmFQ50SsIUx
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Over the past five weeks, employment partner Chloë Leyland has been sharing her top tips on how to best conduct a workplace investigation, from start to finish. She delves into: - When should an employer start a workplace investigation? - Who should investigate the issue? - How to define the scope and objectives? - What are the key issues to consider? - How should you report on your findings? Want to learn more? You can find all five parts on our website! https://hubs.ly/Q02M_RYM0 #WorkplaceInvestigation #Employment #EmploymentLaw
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Do you know what to ask during a workplace investigation? Whether you’re leading an investigation or supporting a 3rd-party investigator, there are specific key questions HR professionals should ask during a workplace investigation to uncover relevant facts. Key areas include understanding the incident timeline, gathering witness information, and clarifying any inconsistencies. We have a list for you right here: https://bit.ly/3zD8BDN
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Knowing how to plan, conduct, and document internal workplace investigations is increasingly important in today’s complicated employment landscape. Investigations are needed for routine reasons such as improving workplace morale, employment handbook revisions, assessing employer policies and benefit offerings, and more. Responding to employee complaints and suspected employee misconduct are more concerning triggers of an investigation. Whatever the cause, conducting effective and thorough workplace investigations is a skill set every employment attorney must master! Join West LegalEdcenter and ALI CLE to sharpen and review the skills you need to conduct thorough, neutral, and timely workplace investigations in this 1.5 credit, on-demand webinar. Register today: https://bit.ly/44gTn26
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Discover The Essential Guide to Workplace Investigations! This comprehensive resource provides step-by-step guidance on conducting thorough and fair investigations. Get your copy today! https://lnkd.in/gfdFZhrm
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A few minutes of listening that guides you for a lifetime of coping with investigations in the workplace Well worth your time!
Founding Partner of Marshall Law. Canadian Employment/ Human Rights/ Sexual Assault/ Harassment lawyer. Fearless Unstoppable Litigator. Follow me for employment law/human rights info. Contact kmarshall@marshalllaw.ca
Can we please talk about fake workplace investigations? Watch and share.
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Thanks for sharing your thoughts and experience Kathryn Marshall! Like Bob Stenhouse noted, there probably are investigators and employers out there who have engaged in these practices. That’s unfortunate, and it’s disheartening to hear that some of the people who’ve commented on your post have had similar experiences. Having said this, I’m conscious not to make employees fearful of all workplace investigations, most of which (IMHO) are conducted with procedural fairness and integrity at their core. For those who've had concerns, a procedurally fair investigation should include: ☑ Impartiality – no conflicts of interest and conducted objectively. ☑ Transparency – all parties should be informed of the investigation process and their respective rights. ☑ Confidentiality – should be maintained to protect the privacy of all parties and to encourage open dialogue. ☑ Timeliness – the investigation should be conducted promptly to ensure evidence is preserved while memories are fresh. ☑ Thoroughness – all relevant evidence should be gathered, relevant witnesses interviewed, and all evidence objectively analyzed. ☑ Fairness – Every participant should be treated with empathy, professionalism and respect, and the parties afforded an opportunity to respond to each allegation and any relevant contradictory evidence. ☑ Evidence-Based Findings – the findings should consist of a careful/objective assessment of all evidence and credibility assessments. ☑ Closure – the findings should be communicated to the parties before any appropriate action is taken.
Founding Partner of Marshall Law. Canadian Employment/ Human Rights/ Sexual Assault/ Harassment lawyer. Fearless Unstoppable Litigator. Follow me for employment law/human rights info. Contact kmarshall@marshalllaw.ca
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gosh I wish I had watched this video some time ago! Please please check if you have legal cover with any policies you hold...I think there will be an increasing need to make those kind of phone calls as the division between ethical and non ethical leadership grows across society, and as retaliation grows as the tool of choice for those who want to hide their bad practices. For organisations that want to avoid such situations, take a close look at the motivations of your senior leadership & HR and understand how they will translate to actions they carry out. Ignoring this could result in costly consequences which could be avoided
Founding Partner of Marshall Law. Canadian Employment/ Human Rights/ Sexual Assault/ Harassment lawyer. Fearless Unstoppable Litigator. Follow me for employment law/human rights info. Contact kmarshall@marshalllaw.ca
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The incidents of this can be gut-wrenching and literally dangerous themselves: victims can bear the costs of not only the triggering issue, but of PATTERNS of it, on management, HR, investigators and union sides. SO often, sadly, allies and advocates are stuck looking for adequate concrete evidence and send victims (often the low-level, diverse, marginalized) BACK IN 'til evidence is there: investigations/ investigators breach ethics & quality needs. Even 'just' investigation reports, ethically completed, result in recommendations thereafter blithely ignored by leaders, management who're accustomed to freedom/power to ignore them. So what if no changes result from where they "invest" in making change. WHERE they care enough or are FORCED to make some kind of investment in change (discipline, culture shift, competency or policy handling) it fails? Worst, MOST complaint and conflict fixing is delegated to the lowest level and victims: leaders expect them 'all' to be trained, to 'mediate' with the most toxic. What do 'victims' and stakeholders want? It would surprise most: they want it to NOT happen to others. Where institutions fail this, they want to crush...compensation. It's bad other there. We can fix it.
Founding Partner of Marshall Law. Canadian Employment/ Human Rights/ Sexual Assault/ Harassment lawyer. Fearless Unstoppable Litigator. Follow me for employment law/human rights info. Contact kmarshall@marshalllaw.ca
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Exactly what happened to me at the hands of my toxic employer 👇🏻 I exercised my right to raise a grievance and as a SIPTU Union Rep, I championed for their "fairness in the workplace" mandate ... and boom 💥.... Fake investigation 1, fake investigation 2 (12 month written warning) and ultimately the 3rd and final fake investigation resulting in my termination. #toxicworkculture #retaliation #workplacebullying
Founding Partner of Marshall Law. Canadian Employment/ Human Rights/ Sexual Assault/ Harassment lawyer. Fearless Unstoppable Litigator. Follow me for employment law/human rights info. Contact kmarshall@marshalllaw.ca
Can we please talk about fake workplace investigations? Watch and share.
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