Home|Audio Conferences|More Like Sherlock, Less Like Clouseau

More Like Sherlock, Less Like Clouseau: Essential guidance on disciplinary investigations

Tuesday, November 6, 2018, 12:30 pm - 2:00 pm EST



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Moderators


Douglas Ruck

Arbitrator/Mediator


Speakers


Joël Michaud

Employer Counsel
Field Law
Jennifer Duff

Union Counsel
Shields Hunt Duff

Issues

While our favourite television detectives can solve a crime in under an hour, they tend to ignore procedural safeguards that ensure a fair and confidential process. Conversely, workplace parties can't afford to fumble around like Inspector Clouseau due to the significant harm that could arise from an inadequate or biased investigation. In this session, leading counsel will review best practices for ensuring a fair, thorough disciplinary investigation, addressing issues such as:

  • Conducting fair and adequate investigations: Are there any lessons that can be drawn from recent cases about an employer's duty to investigate misconduct and the essential elements of fair and adequate investigations? What are the essential qualities or qualifications of a competent investigator? When should an external investigator be retained? When should an investigator interview co-workers and other witnesses? What safeguards should be put in place to maintain confidentiality and protect against reprisals? In what circumstances should a party be removed from the workplace until the investigation is complete? What timelines should govern the investigation?
  • Understanding the role of the employee: What is the extent of an employee's duty to cooperate with an employer's investigation? Can employees be disciplined for refusing to answer the employer's questions during an investigation? Are employees accused of misconduct entitled to know the allegations against them before they answer questions in an interview process? Is a non-unionized employee entitled to have a lawyer advise him or her at disciplinary meetings?
  • Respecting the role of the union: What is the role of the union in the investigation? When should it conduct a parallel investigation? When is union representation required at an interview? How should a union deal with an investigation involving allegations of violence or harassment by one member against another?
  • Disclosing or withholding investigation reports: What are the employer's obligations to disclose or withhold the investigation report, witness statements, or other documents that form part of the investigation? Under what circumstances will adjudicators order that investigation reports be disclosed during litigation? Can an employer claim that an investigation report is subject to solicitor-client privilege solely on the basis that the investigation was conducted by a lawyer?
  • Ensuring an appropriate disciplinary response: If an employee has been charged criminally, does the employer still need to conduct an investigation before imposing discipline? Can an employer rely solely on a third party's investigation report as the basis for discipline? Does it have an obligation to investigate whether disability played a role in an employee's misconduct prior to imposing discipline? How will an employee's dishonesty during an investigation impact discipline and/or reinstatement?

Additional Information

MATERIALS
Valuable, up-to-date materials and case summaries will be available for downloading from our website. Each audio conference is accompanied by a PDF of concise summaries of the cases discussed.

AUDIO FILES
Audio conference MP3 files are available for $255. Those who have purchased the live audio conference may purchase the corresponding downloadable audio MP3 file for the discounted price of $155.

The recorded MP3 file and materials are available for download one business day after the live audio conference. After purchasing, you will receive an e-mail with instructions on how to access and download the audio conference MP3 file and materials by visiting My Account and selecting Order History. For audio file purchases for upcoming audio conferences, once the MP3 file is available through our site, registrants will receive an update e-mail informing them that the links are now ready.

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