Tips on Conducting a Harassment Investigation
Why Investigate?
Acts of discrimination and harassment in the workplace are illegal (Human Rights Code and the Occupational Health & Safety Act). Employers must provide harassment and discrimination-free work environments.
Harassment and human rights matters are highly sensitive and emotional situations to deal with, and require sound and thorough investigations to properly handle and effectively address these issues in a timely fashion (and to avoid poisoned work environments).
Human Rights issues can be costly, time-consuming and can affect productivity, employees’ livelihoods and morale, and have serious legal implications for an organization.
The organization’s legal, financial and corporate reputation can be placed at risk.
Due Diligence and Human Rights
An organization’s legal liability for human rights issues in the workplace is determined by the extent to which an employer exercised its due diligence.
Demonstrating Due Diligence
- Having a human rights policy with ongoing education and training.
- Having appropriate internal mechanisms for handling human rights concerns and complaints.
- Resolving any matters in a timely and effective manner (degree or extent of action taken is appropriate and reasonable).
- Taking all steps to prevent such incidents from occurring or recurring (monitoring, leadership, education, being “proactive”).
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