Both Occupational Health & Safety legislation and Human Rights legislation requires employers to conduct investigations into allegations of behaviour that can constitute harassment and/or workplace violence.
Employers and managers who do not have the expertise to conduct internal investigations can take a bad situation and make it worse. Conducting interviews to collect the facts, protecting the integrity of an investigation, drawing a conclusion that will withstand legal scrutiny and ensuring impartiality, is not as easy as you might think. In fact, it is highly recommended that you do not conduct internal investigations and hire the expert.
The team at HR Performance and Results has extensive experience in conducting workplace investigations that will withstand legal scrutiny. We can help if you have received complaints regarding harassment, bullying, workplace violence, or other workplace conduct that requires a workplace investigation. We can also help you solve complaints through a mediated approach.
All of our investigations and workplace mediations are conducted by an experienced HR Partner. Contact us for further information on our workplace investigation protocol.
Using a mediation approach to solve a workplace complaint and/or conflict can be a very effective way in dealing with an escalating issue. If the Complainant and Respondent agree to mediation opposed to an investigation, then that may assist in resolving the matter in a more cost effective and efficient way. Contact us to discuss if this approach is the best approach for the circumstances.
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I need to terminate an employee immediately. What do I do?
We understand that in some situations, promptly removing an employee from the workplace is necessary, but there are several things to consider before doing so. First, do they have an employment agreement and does that agreement include a termination clause? Is your organization unionized? Contact a member of our team to discuss your options.
I’ve never had employment agreements. Do I really need them?
Employment agreements set out the terms and conditions of the employment relationship including the position being offered, conditions of work, compensation, etc. We recommend that all employers have written employment agreements in order to minimize their legal liability upon termination. Contact a member of our team to learn more.
Why isn’t anyone applying to my job postings?
Do you have a recruitment strategy? What methods of advertising are you using? Have you written a job ad that sells your organization as an employer of choice? Have you considered sponsored job ads? There are several factors to consider when drafting a job posting that will attract your desired candidates. Reach out to a member of our team to discuss what you can do to attract and hire the ideal candidate.
A health and safety inspector just showed up to my place of business. What do I do?
Inspectors can visit an employer’s workplace at any time without a warrant or notice. If an inspector is in your workplace, be welcoming and remain calm. Answer their questions to the best of your ability and promptly provide any requested documentation. If your organization has been issued a ticket, fine or order, be cognizant of the timeframe for adhering to the order. They will likely conduct a follow-up visit and you want to minimize any further consequences. Reach out to a member of our team to ensure that your business is meeting all health and safety requirements.
My employee has asked for a COVID-19 related accommodation. Do I need to accommodate them?
It depends. There are a number of reasons why your employee may be requesting accommodations and as the pandemic continues to evolve, so does provincial and federal employment legislation. Address each accommodation request individually. A solution for one may not work for someone else. Reach out to a member of our team to discuss your options.