WORKSHOP LEADER
		Susan Lagace Mediator/Investigator
SPEAKERS
		Donovan Plomp Employer Counsel McCarthy Tétrault
		Shanti Reda Union Counsel Black Gropper

There is growing recognition of the detrimental consequences of discrimination in the workplace, but the parties may not fully understand their obligations in light of developments in the law governing the investigation process. Complaints of discrimination must be investigated promptly, thoroughly and fairly. This interactive, hands-on workshop will explore what to do and what not to do from the moment a complaint comes in and provide practical advice on how to manage discrimination in the workplace, including:

• Preventing Discrimination: Designing, communicating and enforcing an effective human rights policy, and Employee Assistance Program.
• Pre-Investigation Stage: Deciding between informal resolution, mediation and investigation; identifying frivolous or vexatious complaints.
• Investigation Procedures: Meeting with and interviewing the complainant, respondent and any witnesses (e.g. where to meet, what to ask), gathering and reviewing documentary evidence and exploring whether broader issues contributed to the complaint.
• Time Limits: Ensuring compliance with time limits for filing, investigating/mediating and responding to complaints; extending time limits.
• Privacy and Access: Balancing confidentiality and disclosure requirements throughout the human rights investigative process.
• Record-Keeping: Documenting details of human rights complaints, actions taken, outcomes or remedies implemented.
• Procedural Fairness: Ensuring compliance with procedural protections for complainants, witnesses and respondents.
• The Union's Duty of Fair Representation: Dealing with issues concerning union representation (e.g. conflicting obligations, failure to investigate).
• Employer Liability for Failure to Conduct a Proper Investigation: Legal consequences, under human rights legislation, at arbitration and under the common law, for failure to investigate or for conducting a flawed investigation.
• Responding to investigation reports: Who gets them, what format do they follow, how should they be handled, etc.?

Also available in this Vancouver conference series:
Post-Conference Full-Day Workshop Friday, March 19, 2010
	Cleansing the Poisoned Workplace: Reversing the effects of harassment and discrimination
Conference Wednesday, March 17, and Thursday, March 18, 2010
	Human Rights and Accommodation Conference