Leslie J. Smith Employment Law Offices, Oakville, ON
#105-1540 Cornwall Rd
Oakville
Ontario L6J 7W5
Phone: (905) 257-7714

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Welcome to Leslie J. Smith Law Offices.

(905) 257 7714

leslie@lesliejsmithlaw.com

Leslie J. Smith

Employment Law Office

Workplace Investigations

Categories

Employees

Employers

Workplace Investigations

Mediations

Workplace Investigations

Workplace harassment, sexual harassment and violence can quickly bring a small business to its knees with employee stress leaves, low morale, lost productivity, inability to attract quality employees and ruined reputations in the marketplace.

 

Not dealing with the situation is no longer an option.

 

Sweeping reforms signed into Ontario law in 2016 require provincially-regulated workplaces to become proactive and reactive in respect of workplace harassment. Let’s take a look at the specifics.

 

When is a Workplace Investigation Required?

 

Workplace Investigations are needed where there is a complaint or incidence of Workplace Harassment or Workplace Violence. Workplace Harassment is defined as:

 

A course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome. Workplace Violence is defined as:

 

the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker,  an attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker, a statement or behaviour that it is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker. Workplace Investigations are also required in the following circumstances:

 

Just Cause Investigation. A company is considering terminating an employee’s employment with cause (and therefore without notice and/or

pay in lieu).

 

Human Rights Investigation. There is an allegation of breach of human rights:

 

  •    Sexual Assault, Harassment or Violence.
  •    Poisoned Work Environment.
  •    Financial Impropriety and other non-harassment allegations.

 

Bill 132, Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violent and Harassment) passed in late 2016, requires Ontario workplaces to do the following:

 

  •  Create anti-harassment policies and complaint procedure which address certain items
  •  Review and update those policies and procedures yearly
  •  Inform their staff of the policies and procedures
  •  Conduct anti-harassment training
  •  Conduct a full investigation where there is a complaint or incident of harassment as defined by the statute  ensure that that the investigation
  •  Prepare a report following the investigation meets the requirements of natural justice (no bias, fairness)  inform the complainant and the respondent of the results of the investigation and any corrective action to be taken

 

Failure to conduct an investigation or to improperly conduct an investigation may result in the Ministry of Labor ordering another investigation be conducted by a neutral third-party investigator, as its expense. Recent court decisions in Ontario have awarded very high damages for failure to conduct an investigation or for failing to conduct an investigation improperly.

 

My Expertise in Workplace Investigations

 

My experience as a Small Claims Court judge, Employment Lawyer and Mediator makes me your preferred choice in the area of Workplace Investigations. I am highly skilled to perform investigations having performed many including investigations of Moral Failure in the Religious Workplace.

 

My expertise includes:

 

  •  Investigating the facts
  •  Knowing how to ask the right questions
  •  Assessing witness credibility
  •  Assessing documentary evidence
  •  Conducting the investigation with procedural fairness and without bias
  •  Knowing how to write a report
  •  Understanding the law
  •  Advising of the results
  •  Advising on appropriate corrective action and how to conduct it without attracting liability
  •  Preparing all documentation where termination of employment is recommended
  •  Advising how to conduct a termination so as to avoid liability
  •  Conducting mediation in-house to resolve a situation before the parties obtain lawyers

 

My Workplace Investigation Services

To assist your company in meeting its statutory and common law obligations, I

provide the following services:

 

  •  Anti-workplace harassment education for employees especially managers
  •  Preparation of policy and procedures manual and updating same every year
  •  Staff training on policies, procedures and how to identify and avoid prohibited conduct
  •  Conduct workplace investigations
  •  Provide a full report with recommendations
  •  Manage terminations or discipline that are recommended
  •  Provide workplace mediations to resolve a situation before lawyers are involved

 

As soon as you either experience workplace harassment of

 

For Trusted Employment Law Representation

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(905) 257-7714

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Oakville Employment Lawyer subject matter expert in HR consulting, workplace investigations, all employee concerns, mediation. Cost-effective, client-centred, practical legal advice, guidance and representation.

Employment Law

Mediations

Workplace Investigations

H.R. Consulting

#105-1540 Cornwall Rd

 L6J 7W5

Oakville, Ontario, Canada

+1-(905)-257-7714

leslie@lesliejsmithlaw.com

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