Human rights based approach to workplace investigations - Guidance and good practices

The Canadian Human Rights Tribunal (the Tribunal) found that the intent of the comments is irrelevant: “The issue is the perception of the individual who is victimized.” The fact that the victim did not object to the comments and even participated in the “joking” was raised as a defense. [...] As a good practice, the investigator should request that the participant provide a copy of the recording as well as any transcription of the recording to the investigator. [...] The Regulations also require the employer to provide monthly updates on the status of a complaint to both the principal party and the responding party.25 If an investigation is underway, the employer can work with the investigator to compile the information for those updates. [...] The employer’s obligation to provide monthly updates ends when the investigator has provided the final and summary reports to the employer (discussed below) and the employer has implemented the recommendations adopted in tandem with the applicable partner.26 15. [...] 22 After the investigation Measures to address workplace harassment The Regulations state that the employer and the “applicable partner” must jointly determine which of the recommendations included in the investigator’s report should be implemented.28 The employer is responsible for implementing these recommendations.29 In addition, as per section 65 of the CHRA, any harassment or discriminatory a.