Thursday, January 15, 2009
12:30 p.m. – 2:00 p.m. EST
Monday, January 19, 3:30 p.m. – 5:00 p.m. EST

Anne Gregory

Union Counsel
Canadian Union of Public Employees

Shana Ivall

Employer Counsel
Sherrard Kuzz

Sandra Guarascio

Employer Counsel
Roper Greyell

Patrick Nugent

Union Counsel
Chivers Carpenter

ISSUES:

Employers and unions know that harassment complaints must be investigated promptly, thoroughly and fairly, but the parties may not fully understand their obligations in light of recent developments in the law. This session will explore what to do and what not to do from the moment allegations of harassment arise to disclosure of the investigation report. Our expert panelists will focus on such issues as:

• What legal responsibility do employers bear to conduct a violence/harassment investigation? What liability do they incur if they fail to conduct one, or conduct it improperly?
• What legislative provisions exist that impact on how an investigation into harassment should be conducted?
• Are there time lines for conducting a harassment investigation and imposing discipline? What is the effect of delay?
• How should an interview be conducted with an employee suspected of harassment, as well as complainants and potential witnesses? What pitfalls should be avoided in conducting an interview?
• Can a complainant employee hire a lawyer to represent him or her in dealing with the employer? Is the employee's lawyer entitled to be informed about the investigation, and to participate in it?
• When is union representation required at an interview? What are the consequences for failure to allow/ensure the presence of a union adviser? To what extent should a union representative be permitted to participate? Take notes? Ask questions?
• What procedural protections (as to confidentiality, non-reprisal, etc.) should be put in place for the employee subject to investigation, as well as for complainants and witnesses? Are complaints and witness statements privileged so that they cannot be used as evidence against the authors? Who is entitled to access to these statements?
• Do employees have a duty to cooperate with an employer's harassment investigation? Can they be disciplined for refusing to answer the employer's questions? Are they required to respond to queries about another employee's misconduct?
• What is the effect of a civil action or a criminal investigation? Is it in the interest of the employer/employee to await completion of these proceedings? When is it appropriate/inappropriate to suspend an employee pending trial? What is the impact of a conviction, discharge or acquittal?
• Can the employer use searches of employees' email and/or video surveillance to investigate suspected harassment at the workplace?
• Who is entitled to a copy of the investigation report, investigator's notes and other documents relied upon in the investigation? Which portions of the investigation report should be disclosed and which should be withheld under privacy legislation or based on privilege?

$195, plus GST (Registrations must be paid in advance of the audio conference). Registration costs are per listening site/telephone, so you can have any number of people listening at your location for one low price. Click here for registration information.