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|Welcome to CAWI|
The Canadian Association of Workplace Investigators is a professional membership association for attorneys, human resource professionals, private investigators, and many others who conduct, manage, or have a professional interest in impartial workplace investigations.
Our mission is to promote and enhance the quality of impartial workplace investigations.
Read More about AWI.
A Trauma-Informed Approach to Violence Investigations
A Presentation by the Canadian Association of Workplace Investigators
June 28, 2017
9am PDT - 10am MDT - 11am CDT - 12pm EDT
Free for AWI Members
1 hour recertification credit pending from HRCI (Human Resources Certification Institute) and
Reported incidents of workplace violence are on the rise. Throughout Canada, provincial legislatures are beginning to require more significant responses to violence in the workplace and on university and college campuses. However, understanding the effects of trauma on a complainant and the implications for the investigation can be complicated. Therefore, in order to conduct effective investigations into alleged violence, it is crucial that investigators are trained on and employ principles and practices that are trauma-informed. Whether you are an internal or external investigator, this webinar will provide insight on how to incorporate principles of a trauma-informed approach into your investigative practices.
This webinar will give an overview of:
Overview of Workplace Investigation Law in Canadian Jurisprudence
Workplace investigation law has been evolving over the past several years and continues to develop and progress in Canadian jurisprudence into a distinct area of employment law.
It is now widely accepted that human rights jurisprudence establishes an employer obligation to investigate allegations of harassment and discrimination based upon a prohibited ground of discrimination. The Human Rights Tribunal of Ontario (the “HRTO”) has awarded damages against an employer for failing to properly respond to and investigate a complaint. The HRTO will award damages for failing to, or failing to properly investigate a complaint of harassment or discrimination brought by an employee even in circumstances where no violation of the Code has been made out.
An employer’s obligation to investigate was expanded when the Ontario Occupational Health and Safety Act ("OHSA") was amended in 2009 to include protections against “workplace harassment” and workplace violence, the definition of which includes bullying and psychological harassment, not specifically tied to a prohibited ground under human rights legislation. Pursuant to the amended legislation, an employer is required to prepare and implement a policy on how employee complaints will be investigated.
In addition to the legislative framework, there are several wrongful (constructive) dismissal and human rights decisions, which scrutinize the adequacy of a workplace investigation. Taken together, it seems that an emerging standard is developing by which investigations are measured in order to be “fair”. Failure to conduct an investigation and/or the failure to conduct a fair investigation may attract an award of damages.
Workplace Investigations: Key Reasons for Hiring an External Investigator