General Editor: Peter Israel

Workplace investigations have taken on new significance in Canadian employment law. Human rights and Occupational Health and Safety legislation have mandated prompt and effective workplace investigations. Failure to meet these requirements exposes employers to significant damages, both financial and reputational.

The Law and Practice of Workplace Investigations analyzes the various aspects of an investigation, including employer duties, consequences of errors, rules of conduct, techniques, and the rights of the accused. It also explores common issues surrounding privilege, negligent investigation, and recovery of costs.

Author Gillian Shearer, an experienced and respected workplace investigator and employment lawyer, provides readers with access to all the necessary steps for planning and implementing effective, independent, and fair workplace investigations.

This text is Volume 2 in Emond's Employment Law Series.

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• Changes to the Ontario Occupational Health and Safety Act in response to Bill 132—the Ministry of Labour’s enhanced powers and employers additional legal obligations
• Analysis of high profile cases, e.g. R v Jian Ghomeshi
• Best practice guides and model letters to both Complainant and Respondent
• Comprehensive review of legal obligations
• Helpful outline of the process for conducting impartial, independent workplace investigations

Chapter One: Duty of the Employer to Investigate
Chapter Two: Consequences of an Investigation Gone Wrong
Chapter Three: Rules in Conducting the Investigation
Chapter Four: Workplace Investigative Technique
Chapter Five: Rights of the Accused in the Investigative Process
Chapter Six: Issues Raised in the Investigation
Chapter Seven: Privilege: Workplace Investigation Reports and Notes
Conclusion

Appendix A: Conducting the Investigation: “The Perfect World Process”
Appendix B: Sexual Harassment and Workplace Violence Policy
Appendix C: Precedent Letter to Complainant
Appendix D: Precedent Letter to Respondent
Appendix E: Federal and Provincial Privacy Laws

Detailed table of contents + excerpts from chapters 4 and 5

“The book covers practical information on conducting investigations and managing the process and people involved. It provides a clear, fully explained, seven-step process for conducting the investigation. Additional issues discussed include confidentiality of the process, remaining unbiased and objective with complainants, and assessing credibility.

This title is also not light on the law. Sections such as ‘Rules of Conducting the Investigation’ and ‘Consequences of an Investigation Gone Wrong’ are well annotated with leading case law, from both administrative tribunals and the courts, where appropritate.”

Read the full review here.

— Heather Wylie, Law Librarian, Alberta Law Libraries
Excerpt from Canadian Law Library Review, (2018) Vol. 43 No. 1,
Canadian Association of Law Libraries.