Home|Webinars|Investigating with Integrity:

Investigating with Integrity: Professionalism in conducting workplace investigations

Thursday, November 25, 2021, 12:30 pm - 2:00 pm ET



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Moderators


Judith Begley

Lawyer, Workplace Investigator, and Mediator
Begley Law

Speakers


Sarah E. Atkinson

Lawyer and Workplace Investigator

Cate Moss

National Human Rights Coordinator
Unifor Local 2002
Jessica Thomson

Employer Counsel
Pulver Crawford Munroe LLP

Issues

Legal professionals, human resources specialists, and management personnel are increasingly called upon to assist organizations in carrying out a workplace investigation. Investigations frequently involve complex and sensitive matters: allegations of discrimination or harassment (including a poisoned work environment), claims of violence, complaints of personal harassment or bullying, and other difficult issues.

The proper conduct of a workplace investigation can raise challenging questions for lawyers, paralegals, and human resources practitioners in terms of meeting their responsibilities under codes of professional conduct. In this session, an expert panel of lawyers and investigators will provide guidance on professional and ethical rules applicable to those involved in a workplace investigation.

  • What qualifications or experience should an investigator have in order to meet the professional duty of competence?
  • What essential points should be covered in retainer agreements and engagement letters?
  • Is there a potential conflict between the investigator's neutral fact-finding role and the investigator's engagement by a client?
  • Can a conflict of interest arise if the investigator has acted or been retained to act on other matters for the same client or organization, such as claims of unjust dismissal?
  • What steps should an investigator take to meet the professional obligation to protect individual dignity and recognize diversity? What can an investigator do in order to guard against unconscious bias?
  • To what extent is an investigator obligated to take into account employees' reasonable expectations of privacy?
  • What are the implications of the professional duty of honesty and candour in the context of a workplace investigation? Is an investigator under a duty to disclose information about possible misconduct that is unrelated to the subject matter of the investigation?
  • How should the duty of confidentiality inform the drafting of an investigation report, given that the report could be subject to disclosure in legal proceedings?
  • What information should be provided in reporting letters, as distinct from the investigation report itself?
  • What is the difference between the professional duty of confidentiality and the legal privilege that may attach to the investigation report?
  • Can an investigator be called as a witness? If so, what considerations should guide the investigator's testimony?

Accreditation

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.

REGISTRATION INFORMATION
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.

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