In recent years, many employers have seen an increase in the number of workplace harassment complaints with a corresponding need to conduct a thorough and legally sound investigation. Improper or incomplete investigations cost money and time and can erode credibility. Unfortunately, the consequences of an improper investigation can be dire including reaching the wrong result, having difficulty supporting an outcome or even facing a lawsuit for a negligent investigation.
The Workplace Investigations Certificate Program is an in-depth three-day program that effectively equips human resources professionals with the ability to recognize, investigate and report the findings of crucial workplace investigations. The program takes place over three days with each day building on the skills and knowledge of the previous day(s). The program covers background, legal issues and the psychology of workplace harassment and the practical application of conducting and reporting on crucial workplace investigations. Participants will apply a case study approach to honing their investigation and reporting skills and will be assessed on their report writing skills.
The Workplace Investigations Certificate Program has been approved by The Law Society of Upper Canada for 2.5 Professionalism and 18 Substantive Hours
The Workplace Investigations Certificate will cover:
Knowing the law; when you must investigate and when other approaches may be better. Understanding the psychology; the victim and bullying styles and types.
Conducting fair and comprehensive investigations; duty of fairness, rules of evidence and getting beyond “he said, she said.”
Detecting deception through statement analysis
How to minimize bias in the investigation process
Writing a report that will hold up in court with findings of fact and findings of law.
The Workplace Investigations Certificate Program also addresses the 10 most costly mistakes of investigating harassment complaints (we recommend you download and read Lauren M. Bernardi’s paper on the 10 most costly mistakes of investigating harassment complaints)
“Excellent, excellent session. Extremely valuable insights and material shared. Truly the best course I have ever attended.”
“Everything that was taught was fantastic and very helpful.”
“Great course, great instructors. Suited to various levels of knowledge, which is difficult to do, but crucial. Well done!”
“Great course! Thanks for sharing your expertise in a fun and engaging course!”
The Law & Psychology
Knowing the law and understanding the psychology of harassment.
Topics: Human Rights Code, Occupational Health and Safety Act; negligent investigation lawsuits, legally defensible investigations; jurisdictional issues, the reluctant complaint, impact of perception; perspectives and fears of complainants, respondents and witnesses; subtleties of discrimination; medical leaves and the interplay with mental health issues.
Conducting fair and comprehensive investigations; duty of fairness, rules of evidence, and getting beyond “he said she said”
Topics: Interviewing; crafting questions; similar fact evidence, hearsay, leading questions; maintaining the file; corroborating documents; determining credibility; assessing the evidence; bad faith and vexatious complaints.
Writing a report that will hold up in court with findings of fact and findings of law. Participants will be addressed on their report writing skills.
Topics: Making findings; preparing recommendations; writing the report, communicating the report to upper management and to the parties; defending findings internally and in grievance hearings; human rights complaints and lawsuits; claiming litigation privilege; claiming solicitor client privilege.
To determine if your company qualifies to cover the cost of this program, click here.