Organizations have a due diligence responsibility to respond effectively to employee harassment complaints. When a decision is reached to launch an investigation, as opposed to an alternate means of addressing the issue, where do you start?
This presentation will describe in detail the Order of Operations required for conducting an investigation, from initial complaint analysis, e.g., is there a prima facie complaint, is the employee complaining of harassment or discrimination, or both, how are complaints drafted? The presentation will discuss issues such as the shifting burdens of proof between Complainant and Respondent, what type of evidence is required, how to assess relevancy and credibility, investigation planning and identification of witnesses.
Once interviews are conducted and the evidence is gathered, the presentation will describe what factors are considered in conducting an analysis so that a
conclusion can be reached.
The presentation will also discuss issues such as professional values in investigation, rights and responsibilities of the parties, witnesses and the investigator.
Learning Objectives:
By attending this session, participants will learn:
- To accurately identify the type of discrimination alleged.
- To develop an understanding of the two types of harassment.
- To understand and apply the concept of the prima facie complaint, and understand its importance to the complaint and investigation process.
- To understand and apply the three (3) critical components of investigation, where the legal and evidentiary burdens of proof lie for each component, and the difference between a harassment (civil - balance of probabilities standard) and other investigations (beyond a reasonable doubt standard).
- To analyze the types of evidence used, and the criteria for assessing relevancy and credibility of the evidence.
- To enable participants to develop an Investigation Plan to identify the key issues to be addressed and to identify the witness and documents to be examined and assessed.
- To have an understanding of the professional values, and rights and responsibilities involved in conducting and investigation.
About the Speaker:
Michael Dunphy is the Director for Dunphy & Associates specializing in Human Rights Consulting. Mr. Dunphy holds a B.A. (Sociology). His career during the past 25 years encompassed increasingly responsible management positions in both social service and criminal justice administration.
In 1987, Mr. Dunphy was appointed to the position of investigator with the Canadian Human Rights Commission in Halifax, NS. His responsibility included investigation and/or settlement of employment discrimination and harassment complaints filed pursuant to the Canadian Human Rights Act. During his tenure with the Commission, Mike also served on the ComplaintsClearance Project at the Commission’s Headquarters in Ottawa. In July 1993, Mike was awarded one of the first Chief Commissioner’s Commendations for Human Rights as recognition of his efforts with the Canadian Human Rights Commission.
Mr. Dunphy formerly served as Chair of the Professional Development Committee of the Nova Scotia Employment Equity Practitioners Association.
Venue:
Best Western Chocolate Lake Hotel
20 St. Margaret’s Bay Road
Halifax, Nova Scotia
Cost:
Save by registering early and taking advantage of earlybird pricing available until Thursday, March 11th, 2010 at 4:00pm.
HRANS Members Earlybird: $53.10 plus HST ($60.00)
Guests Earlybird: $70.80 plus HST ($80.00)
Registrations after 4:00 pm on Thursday, March 11th, 2010 will be at the regular rates below.
HRANS Member Regular Rate: $66.37 plus HST ($75.00)
Guests Regular Rate: $84.07 plus HST ($95.00)
To Register:
Pre-registration is required.
To register, click on the 'Register' icon on this page.
The registration deadline is Thursday, March 18th, 2010 at 12:00 noon.
Please note that registrations cannot be accepted after online registration has closed. Registrations cannot be purchased at the door.
Cancellation Policy:
A full refund, less a $25 (plus HST) administration fee will be issued for cancellations received in writing prior to noon on Tuesday, March 16, 2010. Those who make reservations and do not attend will be invoiced for the full workshop fee. Cancellations received in writing prior to noon on Tuesday, March 16, 2010 will only be charged the administration fee. Substitutions are permitted up to the day of the event. Member/non-member rates will be applied to the substitutions.
For additional information, contact the HRANS office at 435-8823 or office@hrans.org |
HRANS - Workplace Investigations (WS)
