December 21, 2022

New Article:

The Challenge with Mitigation


Dismissing an employee can be expensive.  However, some employers add to the cost by being overly litigious.  We recently argued, and won, a case at the Ontario Court of Appeal that could have been resolved at mediation.  Learn more about the case and pitfalls to avoid.

View More
November 15, 2022

Upcoming Webinar:

Ask the Investigator: Duty to Cooperate


As an employer you have a duty to investigate complaints of bullying or harassment.  However, what do you do when you have an employee who is not willing to participate in an investigation?  It could be the employee is fearful because of the incident they have experienced, or simply because they would rather not be […]

View More
October 31, 2022

New Article:

Employers and Mitigation


When it comes to challenging an employee’s mitigation efforts, the Ontario Court of Appeal clarifies that employers bear the evidentiary burden. Read the decision

View More
October 12, 2022

Upcoming Webinar:

Ask the Investigator: PIP and Chronic Mental Stress Claims


Are your employees alleging harassment after being coached on their performance?  Have you had an employee take a leave of absence and claim compensation from the WSIB for chronical mental stress? Join us on October 27, 2022 to learn how to respond to respond to these situations and how the WSIB is treating claims for chronic mental […]

View More
September 13, 2022

New Article:

Are your Workplace Policies Working For You


When faced with a harassment complaint or the need to investigate misconduct, we often turn to our workplace policies to determine whether the alleged misconduct triggers an investigation. Th applicable Policy usually sets out the obligation for employees to treat others with dignity and respect, and usually includes the steps to file a complaint if […]

View More
September 13, 2022

New Article:

Are your Workplace Policies Working For You


When faced with a harassment complaint or the need to investigate misconduct, we often turn to our workplace policies to determine whether the alleged misconduct triggers an investigation. Th applicable Policy usually sets out the obligation for employees to treat others with dignity and respect, and usually includes the steps to file a complaint if […]

View More
August 25, 2022

Upcoming Webinar:

Ask the Investigator: Workplace Policies


Is your workplace policy causing confusion and unnecessarily tying your hands when it comes to investigating complaints of bullying and harassment?
Join us on September 29, 2022 to learn about problematic language we’ve seen in workplace policies, and tips for how to improve your policies and procedures to add certainty and avoid confusion.

View More
November 14, 2021

New Article:

Sexual Harassment Without Remorse


The Ontario Court of Appeal found an employer had just cause to terminate an employee for sexual harassment given his refusal to acknowledge his behaviour and take corrective action. In Huckso v. A.O. Smith Enterprises Limited a 20 year employee (the “Respondent” in the investigation) made a number of suggestive remarks to a female colleague […]

View More
October 28, 2021

New Article:

Chicago Blackhawks Cover-Up


How would your organization respond to a complaint of sexual assault? In 2010, just before the Stanley Cup Final, the Chicago Blackhawks received a complaint of sexual assault by a player against the team’s video coach.  According to the investigation report, the leadership team met to discuss the complaint and decided it was not something […]

View More
October 19, 2021

New Article:

Conflict of Interest in Workplace Investigations


The decision in Magna International Inc., [2019] O.L.R.D. No. 3687, demonstrates the complications that can arise when workplace investigations are not conducted by a neutral investigator or third-party. In Magna, an employee made a workplace harassment complaint against a colleague that included allegations of hostile behaviour. Magna’s Human Resources Manager investigated the complaint in accordance […]

View More