Workplace Investigations in Canada – Tips & Best Practices

Workplace Investigations in Canada
Tips & Best Practices

February 18, 2015 at 2:00pm ET
Duration 1.0 hours

Now more than ever, it is vital that employers in Canada understand how to conduct effective and legally compliant workplace investigations.

Canadian courts are increasingly awarding wrongfully terminated employees aggravated and punitive damages if the decision to terminate was based on flawed or biased investigations. Recently enacted Occupational Health and Safety regulations, as well as human rights tribunals, require employers to have robust investigation procedures in place to provide workplaces free from bullying, harassment and violence.

Furthermore, increasing numbers of employees are claiming damages and remedies under Canadian privacy laws based on claims that facts surrounding employee terminations were improperly disclosed by employers.

Legally compliant and effective workplace investigations do not happen by accident – they require advance planning and sound processes both during and after the investigations have been completed.

Join our Canadian based labor and employment partners at Miller Thomson, Nicole Byres and Lisa Goodfellow, to learn:

  • Tips and best practices for preparing, conducting, concluding the investigation (what to do with the results)
  • The tools and best practices that will minimize negative impacts on HR and the business
  • The legal liability typically associated with workplace conflicts, complaints, or incidents being poorly investigated
  • Related HR, privacy, legal, and business/client relations issues that often arise during and after workplace investigations
  • A “road map” or check list to ensure that your workplace investigations achieve the results desired, while reducing chances of future claims and litigation

Presented by

Nicole Byres, Miller Thomson

Nicole Byres

Nicole Byres is a partner and head of the labor and employment group in Miller Thomson LLP's Vancouver office.

Ms. Byres' practice focuses on employment law, corporate governance and labor law, and she frequently writes, blogs and lectures on these topics.

Nearly half of her career was spent as in-house counsel at a major integrated mining, refining and energy generation company, where she obtained experience in a broad range of legal and business matters.

This corporate experience, together with Ms. Byres' involvement with boards (as director or legal counsel) of major institutions and corporations, has provided Nicole with a business and strategic perspective that her clients appreciate.

Presented by

Lisa Goodfellow, Miller Thomson

Lisa Goodfellow

Lisa Goodfellow is a partner in the labor and employment group of Miller Thomson LLP in Toronto.

Ms. Goodfellow represents and advises employers in a wide range of employment and labor relations matters, including corporate mergers and acquisitions, wrongful dismissal actions, human rights, employment standards, certification applications, collective bargaining, unfair labor practice complaints, grievance arbitrations, and protection of proprietary information.

She also conducts and advises on workplace investigations.

Ms. Goodfellow helps clients through complex and ever-changing labor and employment laws to find practical business solutions that work for them.

In addition, she is experienced in advising both provincially and federally regulated employers in the public and private sectors.

Ms. Goodfellow prides herself in giving practical, proactive advice in a responsive and timely basis.

HR professionals will learn >

  • About the legal obligations imposed on employers to properly investigate workplace incidents and complaints;
  • The direct and indirect costs of poorly conducted investigations; and
  • The best practices of effective workplace investigations, including the importance of advance planning and post-investigation follow up.