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



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Moderators


Sheilagh Murphy

Arbitrator/Mediator


Speakers


Sara Malkin

Employer Counsel
Mathews, Dinsdale & Clark
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?

Accreditation


HRPA Continuing Professional Development

This program has been approved for 1.5 Continuing Professional Development (CPD) hours under Section A3 of the Recertification Log of the Human Resources Professionals Association.


Lancaster House CPD
  • Members of the Law Society of Ontario may count this program for 1.5 Substantive Hours; 0 Professionalism Hours.
  • Members of the Nova Scotia Barristers' Society may count this program for 1.5 Continuing Professional Development Hours.
  • This program has been approved by the Law Society of British Columbia may count this program for 1.5 Continuing Professional Development Hours.
  • This program has been approved by the Law Society of Saskatchewan for 1.5 Continuing Professional Development Hours.
  • This program has been approved by the CPHR Alberta for 1.5 Continuing Professional Development Hours.
  • This program has been approved by CPHR BC and YK for 1.5 Continuing Professional Development Hours.

Additional CPD information coming soon.

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 FEE
Live webinar, video, and MP3 bundle – $430
Live webinar – $265
Video and MP3 – $265
(Registrations must be paid in advance of the webinar)
Please contact us by email, or by phone at (416) 977-6618, for discount pricing for additional participants and group orders.

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.

REGISTRATION INFORMATION
When you register for the live webinar, you will be automatically registered for the Zoom session. One to two days before the live webinar, you will receive an e-mail containing the Zoom link to access the session. For additional program and registration information, please call Lancaster House at (416) 977-6618.

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