Home|Webinars|Fumbling through Fables?

Fumbling through Fables? Examining the role of credibility, reliability, and apology in investigations and arbitrations

Thursday, July 8, 2021, 12:30 pm - 2:00 pm EDT



Buy Now

Moderators


Sheilagh Murphy

Arbitrator/Mediator


Speakers


Sara Malkin

Employer Counsel
Mathews, Dinsdale & Clark LLP
Michael Mandarino

Union Counsel
Cavalluzzo LLP
Meg Ternes

Associate Professor
Department of Psychology
Saint Mary's University


Issues

Employers, investigators, and decision-makers are often required to make determinations about the credibility and reliability of employee statements and testimony as part of their work. But how do decision-makers determine whether a witness is lying? And what weight do they attach to such a determination? What role does an investigator or decision-maker's assessment play in determining the appropriate penalty? In this session, experts will tackle these difficult questions along with the following:

  • What factors should be taken into account in assessing credibility? What role, if any, should demeanour play in assessing credibility?
  • What is the difference between credibility and reliability? How do these two concepts relate to the idea of honesty?
  • In practice, how do investigators and decision-makers determine someone's credibility or honesty? What role do an investigator or decision-maker's personal biases play? How accurately can people assess credibility?
  • How does trauma affect memory, and what challenges does this pose for investigators or arbitrators in assessing credibility?
  • Are there methods of questioning, interviewing, or observing witnesses that increase the accuracy of credibility assessments?
  • What inferences should be drawn from a grievor's silence during an investigation or arbitration? What reasons aside from guilt might a grievor have for remaining silent? What important policy considerations argue for or against a grievor's right to remain silent without an adverse inference being drawn?
  • What role do the perceived honesty and remorse of grievors play in arbitrators' assessments of reinstatement and progressive discipline?
  • Does an emphasis on confession and apology deprive unionized employees of the right to a fair arbitration process? Are confession and apology relevant to the determination of appropriate progressive discipline? If an arbitrator perceives a grievor to be lying at arbitration, should the arbitrator uphold a harsher penalty than would otherwise be called for?

Additional Information

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

AUDIO FILES
Webinar video and MP3 files are available for $265. Those who have purchased the live webinar may purchase the corresponding downloadable video and MP3 file for the discounted price of $165.

The video recording, MP3 file, and materials are available for download and viewing one business day after the live webinar. After purchasing, you will receive an e-mail with instructions on how to access and download the video recording, MP3 file, and materials by visiting My Account and selecting Order History. For purchases for upcoming webinars, once the video recording and MP3 file and materials are available, registrants will receive an update e-mail informing them that the links are now ready.

Buy Now