Human Resource Workplace Investigations
At Reed Research we have a deep understanding about workplace investigations. They are different from all other aspects of investigations that we do.
Whether its workplace harassment of varies types, workplace discrimination, workplace bullying, poisoned work environment, workplace violence, and violations of respectful workplace policies. You've come to the right place for solutions.
Not only do we have experienced, skilled and accomplished in-house investigators with diverse backgrounds that conduct our workplace investigations, each have certification in conducting workplace investigations, and exceed stringent criteria in line with the best industry practises. They are also licensed professional investigators.
As an added benefit to your organisation, our workplace investigators also have training in conducting workplace assessments, mediation, and restoration of the workplace. These can often complement an investigation or help to avoid one.
As an employer you know these types of investigations are disruptive and draining. They are emotionally difficult for everyone involved, but also have the potential for costly legal ramifications if not conducted in a fair and impartial manner.
Our workplace investigators each have decades of investigative experience. Best of all our investigators are impartial. We are neutral, third-party workplace investigators. Talk to us so we can help guide you through these complicated matters. We strive to have all workplace investigations completed within 90 days depending on the complexity.
We do the hard work so that you can make the right decisions and save your organisation time, money and lawsuits, while mitigating reputational risk.
What Are Human Resource Workplace Investigations?
Read MoreThey are complex employment scenarios involving Human Resource issues in workplaces such as Harassment, discrimination, sexual harassment, and violence. These categories have many different pieces of legislation that are applicable to them such as;
- The Ontario Human Rights Code (OHRC)
- The Canadian Human Rights Act- (CHRA) Definition of Harassment
- Workplace Safety and Insurance Board (WSIB)- Definition of Harassment
- The Occupational Health and Safety Act (OHSA) -Harassment and Violence
- The Occupational Health and Safety Act (OHSA)
Bill 168- requires employers to have policies and programs in place to deal with workplace violence, workplace harassment and domestic violence that may occur in the workplace. Employers are required to: Have procedures in place for workers to report incidents.
The Occupational Health and Safety Act (OHSA) Bill 132- provides that an employer's workplace harassment policy must set out how incidents or complaints of workplace harassment will be investigated and dealt with. It is essential that this process is followed by the investigator.
The Ministry of Labour (MOL) - Health and Safety Guidelines Workplace Violence and Harassment: Understanding the Law.
The Ministry of Labour's (MOL) Code of Practice to Address Workplace Harassment under the OHSA (Code of Practice). NOTE: The Code of Practice is not binding on an employer, but it provides a framework for the elements of an “appropriate investigation” as mandated by OHSA.
- Bill C-65 addressing Federal Employees
- Ontario Public Service Respectful Workplace Policy for Provincial Employees
- Ontario Human Right Commission (OHRC)- Sexual Harassment
- Criminal Code of Canada
- Each employer's internal written policies related to any and all of the above
- Applicable Union Collective Agreements
The federal government introduced Bill C-65 to simplify how harassment and violence in the workplace are handled. Bill C-65 and its Regulations came into force on January 1, 2021, so it is important for employers and employees to understand how they will be affected.
Bill C-65 creates the following definition for harassment and violence under Section 122(1) of the Canada Labour Code:
“any action, conduct or comment, including of a sexual nature, that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee, including any prescribed action, conduct or comment.”
Under Bill C-65, employers are required to train and inform employees, supervisors and managers about their rights and responsibilities relating to workplace harassment and violence.
What Is Not Workplace Harassment
Read MoreAs defined in the OHSA under Bill 132;
“a reasonable action taken by an employer or supervisor relating to the management or direction of workers or the workplace” is not workplace harassment.
Disagreements, Constructive criticism, Legitimate exercise of management authority or responsibility such as: progressive discipline OR following up on work; Work related stress; or Requiring performance to job standards.
Typically, harassment and/or violence involves a series of events. Repeated unwarranted behaviours that include any of the aforementioned criteria may be considered harassment, but a single incident may constitute harassment if it is significant enough to seriously offend or cause serious injury.