Hamilton Workplace Investigations
Making things fair for employees in Hamilton.
Hamilton workplace investigations are critical for employers for a number of reasons. Harassment complaints have negative impacts on the workforce: increased absenteeism, increased disability costs, more grievances, decreased productivity, increased conflict among staff, high turnover, poor morale, and ultimately higher liability and legal costs. That’s why choosing the right Hamilton workplace investigator is key to a successful resolution of these workplace issues.
And that’s not all. Increased complaints of harassment, violence, and discrimination in the workplace also affect individual employees—and not in a good way. Hamilton workplace investigations are critical because the impact on victims can, in fact, be crippling: work-related stress and anxieties; violent, aggressive or tearful behaviour at work; self-esteem problems; decreased productivity; and other long-term consequences.
The Hamilton workplace investigators, from McMahon Molyneaux Henriquez Law, can help your organization deal promptly and effectively with workplace harassment complaints, discrimination complaints, bullying complaints (and cyberbullying complaints), and various forms of misconduct.
The Hamilton workplace investigators at McMahon Molyneaux Henriquez Law are also experienced in Hamilton Labour Law and have worked on behalf of both unions and their members right in our community. The Hamilton workplace investigators at McMahon Molyneaux Henriquez Law are also labour, employment, and human rights lawyers who work frequently with plaintiffs and applicants on issues relating to discrimination and harassment.
Equally important, the Hamilton workplace investigations report from McMahon Molyneaux Henriquez Law is concise, behaviour-based, provides insight that management can use to remedy the situation and to continue to improve employee relations and employee communication.
Ontario laws that govern Hamilton workplace investigations
There are two important pieces that govern Hamilton workplace investigations:
- Ontario’s Occupational Health and Safety Act (OHSA), includes complaints of: Workplace harassment (including bullying and cyberbullying)
Workplace sexual harassment, and Workplace violence
- Ontario’s Human Rights Code (HRC), includes complaints of: Sexual harassment
Harassment based on race, Discrimination based on disability and more.
The types of Hamilton workplace investigations performed by McMahon Molyneaux Henriquez Labour & Employment Lawyers
McMahon Molyneaux Henriquez Law, Hamilton workplace investigations, can help you with any of these types of discrimination complaints, harassment complaints, and misconduct complaints:
- Ancestry (creed)
- Bullying and cyberbullying
- Conflict of interest
- Ethnic origin
- Family status
- Gender expression
- Gender identity
- Marital status
- Place of origin
- Record of offences
- Sexual harassment
- Sexual orientation
- Sexual violence
- Workplace bullying
Our guiding principles for conducting Hamilton workplace investigations
For employers that need to conduct Hamilton workplace investigations, here are our guiding principles when we are retained on these types of cases:
- Help employers determine what happened
- Protect the employee who is raising the complaint (the “Complainant”)
- Protect other employees who may be at risk
- Provide the employee(s) being complained of (the “Respondent[s]”) with an opportunity to reply
- Reinforce the employer’s commitment to a workplace free of harassment and violence
- Set the stage for any discipline that must be enforced
- Provide the foundation of a defence, if moving forward with litigation. It is important to produce an investigation that is legally defensible when called upon.
McMahon Molyneaux Henriquez Law’s process for Hamilton workplace investigations
At McMahon Molyneaux Henriquez Law, our process for Hamilton workplace investigations is thorough, effective, and time-sensitive. Normally, we try to conclude all workplace investigations in 90 days, unless the case is very large in scope and we must interview dozens of employees in order to understand what happened or where the police are involved.
Our experience as Hamilton labour lawyers, Hamilton employment lawyers, and Hamilton human rights lawyers helps the McMahon Molyneaux Henriquez Law workplace investigators to bring an empathetic and respectful approach to conducting investigations. Here is the workplace investigation process we use:
- Interview Complainant
- Interview Respondent
- Interview witnesses
- Review germane documents
- Conduct additional interviews (if necessary)
- Write the workplace investigation report, with focus on findings
The importance of neutrality in Hamilton workplace investigations
At McMahon Molyneaux Henriquez Law, Hamilton workplace investigations, we work very hard to maintain our neutrality throughout the investigation process. We do not know the employees in question, nor the management, and approach each and every workplace investigation with fresh eyes and ears. This is critical to an effective workplace investigation and allows you to have confidence in our findings and reports.
If allegations are serious, and involve violence or sexual assault, hiring an external Hamilton workplace investigator is a wise step for your organization.
Sometimes, employees will ask questions of the Hamilton workplace investigator that might indicate which way the investigator is leaning. We maintain strict confidentiality throughout the investigative process. In the same vein, we do not render our findings until we have reviewed all of the facts, correspondence, and supporting evidence.
Why an investigator from McMahon Molyneaux Henriquez Law is a great option for Hamilton workplace investigations
We take our role as Hamilton workplace investigators very seriously. The workplace investigator you select must have knowledge of the law and evidentiary processes, understand the organization’s policies and procedures, and be knowledgeable about harassment complaints, discrimination complaints, and misconduct complaints:
- Unsurprisingly, a Hamilton workplace investigator must also have personal attributes so that he or she is perceived as non-judgmental, non-biased, and credible to both employees and management.
- The perception that the workplace investigator is neutral is paramount to a successful Hamilton workplace investigation. Being a good listener, as well as being persistent to arrive at the truth are also critical attributes of an effective Hamilton workplace investigator.
- An effective Hamilton workplace investigator is able to discuss highly sensitive, personal issues without being embarrassed and without embarrassing those that are being interviewed.
- Most of all, an effective Hamilton workplace investigator is able to help the organization resolve the conflict to the satisfaction of all parties involved, help the organization invoke necessary disciple, and do the right thing. Get your Hamilton workplace investigation started today. Contact us now.
EMPLOYMENT LAW FOR EMPLOYERS
Molyneaux Law works with progressive, local employers who want to provide Hamiltonians with decent work, free from discrimination and harassment. Services for employers include:
Assistance in drafting and negotiating employment contracts
Helping you develop practical anti-discrimination, harassment and workplace violence policies as your business grows
Educational sessions for your managers and staff on workers rights and employers duties
If you’re a small employer in Hamilton Ontario or are about to become a small employer by hiring your first employee, an employment lawyer can help.
MMH Labour Law offers advice to local progressive businesses about employee rights, setting new businesses off on the right path from their first hire onwards. Our services for employers include assistance in preparing workplace policies, drafting employment contracts, advice about how to navigate everything from employee complaints to the termination of employment.
Call us at 289-389-4499 or fill out this quick form.