the swift team
“Investigative Risk Management assembled a team of industry leading experts to address all workplace investigations known as the SWIFT Team also known as our Strategic Workplace Investigations and Forensic Team.”
THE SWIFT MISSION
The IRM SWIFT mission is to provide a one stop solution to your workplace investigation,
mitigating potential risk or exposure to your organization!
THE SWIFT TEAM
Lloyd Vaughan, CII
DIRECTOR/INVESTIGATOR
GLOBAL
LAUREN JONES
LAWYER / WORKPLACE INVESTIGATOR / HUMAN RIGHTS
ONTARIO
Lucie M.H. Fournier, RN, COHN (C), DHMHS, BA (Psych)
WSIB Disability Management Consultant
LORNA PROULX
HR/WORKPLACE INVESTIGATOR
ONTARIO
Nitin Pardal
LAWYER/WORKPLACE INVESTIGATOR
NATIONAL
Rick Schubert, CHRP
Lawyer
LYNIA VINCENT
HR/WORKPLACE INVESTIGATOR
ONTARIO
TERRY HOFFMAN, CPP, CBCP
CORPORATE SAFETY, SECURITY & COMPLIANCE
GLOBAL
Paul Beesley
Senior SIU Investigator
VICToRIA OLLERS
PR/COMMUNICATIONS
ONTARIO
Jack Pham
HUMAN RIGHTS LAWYER/INVESTIGATOR
NATIONAL
sarah bunder, CCII, CSM, ACSO
CYBER INVESTIGATIONS
GLOBAL
RONNA HUTCHINS
HR/WORKPLACE INVESTIAGTOR
ONTARIO
WORKPLACE INVESTIGATIONS
All workers are entitled to a safe and healthy workplace. When these conditions are breached, there is a statutory obligation for the employer to take immediate action. The Ontario Occupational Health and Safety Act mandates how the employer will investigate and deal with incidents or complaints of workplace harassment and violence. The investigation must be timely, objective, confidential, and thorough. Workplace investigations may also be required upon an employer receiving information of an alleged violation of the Human Rights Code.
“60% of workers have experienced harassment at the workplace. 30% sexual harassment and 21% experiencing workplace violence. 75% of workers who had experienced any of the above only reported the most recent incident but only 41% said no attempt was made to resolve the issue”
Given the above statistics it is safe to say that most companies have had their share of issues and you aren’t alone. What will set you apart is how you choose to manage these problems when they arise. Choosing to use SWIFT, a team of dedicated professionals in Human Rights, Law, Technical Forensics, and Investigation, will ensure that your investigations is thorough, process driven, defensible and impartial. Under Part III prosecution in Provincial Offences Court (POA Court), where any offences found by the Ministry of Labour investigations are heard, the following penalties and fines can be imposed: up to a maximum fine of $50,000.00 and/ or imprisonment term of not more than 12 months upon conviction.
Types of Complaints: Workplace harassment occurs when a person engages in a course of vexatious comment or conduct against a worker in a workplace which is known or ought reasonably to be known to be unwelcome. This also includes workplace sexual harassment. Workplace harassment includes, but is not limited to offensive comments or jokes; bullying or aggressive behaviour; inappropriate staring; sexual harassment; isolating or making fun of a worker because of their gender identity.
Initial Considerations: Before beginning an investigation there are several items that need to be considered before an employer should proceed with an investigation.
Has a complaint under OSHA been filed?
Should the complainant or subject of the complaint remain in the workplace during the investigation?
Who is the best qualified to investigate the complaint?
Would a third party be the most effective route to go when investigating complaints?
Are specialized techniques required i.e. forensic technology searches or interviewing techniques?
Does the workplace investigation deal with sensitive issues?
Is the complaint against a member of the leadership team, manager or supervisor?
Is privilege required?
Would the employer be expecting litigation?
CASE LAW
Haseeb v. Imperial Oil Limited
Human Rights Tribunal Awards $120,000 Award for Discrimination in Hiring Process
A. B. v. Joe Singer Shoes Limited
The Human Rights Tribunal of Ontario awarded $200,000 to a former employee who was subjected to sexual harassment, sexual assault and discrimination over the course of many years. That case was decided based on the lower standard of proof.
frequent questions
What is workplace harassment?
Workplace harassment is defined by the Occupational Health and Safety Act (OSHA) as the following: “engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome" and includes workplace sexual harassment.
How is sexual harassment defined?
The definition by OHSA is similar in nature to the definition in Ontario’s Human Rights Code;
engaging in a course of vexatious comment or conduct against a worker in a workplace because of sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome, or
making a sexual solicitation or advance where the person making it is in a position to confer, grant or deny a benefit or advancement to the worker and the person knows or ought reasonably to know that the solicitation or advance is unwelcome.
What is workplace violence?
Because the definition used in the OHSA, most of these acts would constitute offences under the Criminal Code of Canada.
the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker,
an attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker,
a statement or behaviour that it is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker .
As an employer do I need to have a Harassment Policy?
Yes, as an employer you are required to have a policy regarding workplace harassment, sexual harassment, and workplace violence. In a workplace with 6 or more employees it should be located in a place where employees are most likely to see it. It should also be reviewed on an annual basis.
As well employers must provide appropriate information and instruction on their workplace harassment policies & programs.
What is a Harassment Program?
Under subsection 32.0.2(1) and subsection 32.0.6(2) of the OHSA an employer is required to implement their workplace harassment policies, and that vehicle is the Harassment Program. As required by law the workplace violence program must include the following:
measures and procedures to control risks identified in an assessment of risks as likely to expose a worker to physical injury
measures and procedures for workers to report incidents of workplace violence
measures and procedures for summoning immediate assistance when workplace violence occurs or is likely to occur, and
how the employer will investigate and deal with incidents or complaints of workplace violence.
As well the workplace harassment program must contain (by law) the following:
measures and procedures for workers to report incidents of workplace harassment to the employer or supervisor, and to another person if the employer or supervisor is the alleged harasser
how incidents or complaints of workplace harassment will be investigated and dealt with
how information obtained about an incident or complaint of workplace harassment, including identifying information about any individuals involved, will not be disclosed unless necessary for the purposes of investigating the incident or complaint, or for taking corrective action, or is otherwise required by law
how certain workers will be informed of the results of the investigation and of any corrective action.
What if one of my employees is the victim of domestic violence, what should I do?
The OSHA states in s 32.0.4 the following:
“Employers who are aware of, or who ought reasonably to be aware of, domestic violence that would likely expose a worker to physical injury in the workplace must take every precaution reasonable in the circumstances to protect the worker”
You might notice some indicators that domestic violence may occur in the workplace, they may include (but are not limited to) threatening calls and/or unwelcome visits at the workplace, other co workers may notice and report concerns about the at risk worker.
The measures that you put into place at the workplace, such as the ability to summons immediate assistance or reporting violent incidents, could help the at risk worker from domestic violence at the workplace.