Lawyers in BC are increasingly required to be informed about the law and best practices in relation to workplace investigations, both in advising clients involved in an investigation, and where the lawyer is retained as an independent investigator. In addition to investigating allegations of bullying and harassment or misconduct generally, lawyers are now increasingly retained to investigate allegations of sexual harassment in the workplace. Workplace investigations can be lengthy and complex, and involve diverse areas of the law - human rights, privacy, workplace safety, evidence, privilege, administrative principles of fair process, and contractual elements involving employer policies. Workplace investigators synthesize a large amount of evidence, make factual findings and produce comprehensive reports that may also include legal advice. Best practices require awareness of bias, as well as considerations of implementing alternative dispute resolution.
This Section will focus on improving the quality of workplace investigations by providing meaningful opportunities for lawyers to learn and discuss changes in relevant legislation, as well as case law updates, and best practices.