Workplace Investigations Certificate Program- Grand Valley


Date and Time:

Starts: 05/16/2017 8:30 AM

Ends: 05/18/2017 4:30 PM

Registration Closes:05/18/2017 4:00 AM

Event Type: Certificate Program

21 Hours Hour(s)

Location:
Holiday Inn - Kitchener 30 Fairway Road South Kitchener, ON

Price:

HRPA Members:
$1500 + Taxes
Non-Members:
$1800 + Taxes
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Availability

Additional Information

Registration Deadline:
May 2, 2017

Event Sponsor


In recent years, many employers have seen an increase in the number of workplace harassment complaints with a corresponding need to conduct a thorough and legally sound investigation. Improper or incomplete investigations cost money and time and can erode credibility. Unfortunately, the consequences of an improper investigation can be dire including reaching the wrong result, having difficulty supporting an outcome or even facing a lawsuit for a negligent investigation.

The Workplace Investigations Certificate Program is an in-depth three-day program that effectively equips human resources professionals with the ability to recognize, investigate and report the findings of crucial workplace investigations. The program takes place over three days with each day building on the skills and knowledge of the previous day(s). The program covers background, legal issues and the psychology of workplace harassment and the practical application of conducting and reporting on crucial workplace investigations. Participants will apply a case study approach to honing their investigation and reporting skills and will be assessed on their report writing skills.


The Workplace Investigations Certificate Program has been approved by The Law Society of Upper Canada for 2.5 Professionalism and 18 Substantive Hours


The Workplace Investigations Certificate will cover:


<  Knowing the law; when you must investigate and when other approaches may be better. Understanding the psychology; the victim and bullying styles and types.

<  Conducting fair and comprehensive investigations; duty of fairness, rules of evidence and getting beyond “he said, she said.”

<  Detecting deception through statement analysis

<  How to minimize bias in the investigation process

<  Writing a report that will hold up in court with findings of fact and findings of law.


The Workplace Investigations Certificate Program also addresses the 10 most costly mistakes of investigating harassment complaints (we recommend you download and read Lauren M. Bernardi’s paper on the 10 most costly mistakes of investigating harassment complaints)


Testimonials:


“Excellent, excellent session. Extremely valuable insights and material shared. Truly the best course I have ever attended.”

“Everything that was taught was fantastic and very helpful.”

“Great course, great instructors. Suited to various levels of knowledge, which is difficult to do, but crucial. Well done!”

“Great course! Thanks for sharing your expertise in a fun and engaging course!”


Program Agenda:


Day 1


The Law & Psychology

Knowing the law and understanding the psychology of harassment.

Topics: Human Rights Code, Occupational Health and Safety Act; negligent investigation lawsuits, legally defensible investigations; jurisdictional issues, the reluctant complaint, impact of perception; perspectives and fears of complainants, respondents and witnesses; subtleties of discrimination; medical leaves and the interplay with mental health issues.


Day 2


Investigating

Conducting fair and comprehensive investigations; duty of fairness, rules of evidence, and getting beyond “he said she said”

Topics: Interviewing; crafting questions; similar fact evidence, hearsay, leading questions; maintaining the file; corroborating documents; determining credibility; assessing the evidence; bad faith and vexatious complaints.


Day 3


Reporting

Writing a report that will hold up in court with findings of fact and findings of law. Participants will be addressed on their report writing skills.

Topics: Making findings; preparing recommendations; writing the report, communicating the report to upper management and to the parties; defending findings internally and in grievance hearings; human rights complaints and lawsuits; claiming litigation privilege; claiming solicitor client privilege.


Note:

To determine if your company qualifies to cover the cost of this program, click here.


Speaker bio(s)
Lauren M.  Bernardi, Lawyer & Human Resource Advisor

For more than 17 years, Lauren M. Bernardi has been providing strategic advice and representation to employers. Lauren works extensively in the field of workplace respect, harassment and violence, including conducting manager and employee training sessions, preparing harassment and code-of-conduct policies and investigating and resolving complaints. Lauren is the author of Powerful Employment Policies, published by Canada Law Book. She has been quoted in national newspapers and has been a guest expert on CBC Radio.


Pamela Connolly

Pamela joined Bernardi Human Resource Law LLP in 2012 and focuses her legal practice on assisting employer and employees with resolving workplace issues..

Pamela received her Bachelor of Applied Science degree in Civil Engineering from the University of Ottawa in 2002 with a concentration in Management, and received her law degree from the University of Western Ontario in 2006. After being called to the bar in 2007, Pamela gained extensive litigation experience at a prominent litigation boutique in downtown Toronto. She has appeared before the Ontario Superior Court of Justice and Ontario Labour Relations Board on a variety of matters..

Pamela’s interest in the field of employment law grew from her realization that the employment relationship is among the most important in a person’s life. She found legal work in that area to be both meaningful and challenging and decided to pursue a practice exclusively in that area..

At Bernardi Human Resource Law, Pamela advises both employers and employees with respect to wrongful terminations, human rights, and workplace harassment and violence complaints. She also assists organizations in developing comprehensive workplace policies and agreements. In addition, Pamela has also worked on workplace investigations and human resource training.


Brian Gottheil, Lawyer and HR Advisor

Brian Gottheil is a lawyer and human resources advisor with the boutique employment law firm Bernardi Human Resource Law LLP. He has experience representing both unionized and non-union employers in all areas of employment and labour law, as well as providing proactive advice on legal and human resources issues.

Brian’s approach combines pragmatic advice, a creative search for common ground to bring parties together, and dedicated advocacy where necessary.

Brian is also an investigator and trainer, with experience conducting workplace harassment investigations and delivering training to employers and HR professionals on topics such as workplace investigations, performance management and human rights.

Prior to joining Bernardi Human Resources Law, Brian practiced with the employment and labour law department of a large international law firm for more than 3 years.


Zaheer Lakhani, Lawyer

Zaheer Lakhani loves litigation and is very comfortable advocating for his clients in court. However, he also has a strong sense of balancing when it’s appropriate to litigate and when it makes sense to negotiate. He does both extremely well.

Zaheer has successfully litigated numerous motions, trials and appeals and he has had several matters deemed significant enough to be reported in both law reports and the National Post. He is a highly sought out speaker who injects reality and humour into his presentations. He effectively combines substantive information with stories and audience participation.


Asha Rampersad

Asha has represented major Crown Corporations, municipalities, and large private sector clients on a broad range of labour and employment matters, including human rights litigation; grievance arbitrations; AODA and human rights compliance; and occupational health and safety issues.

Equipped with several years of teaching experience at the university level, and conducting numerous training sessions for human resource professionals, Asha has significant expertise in delivering training to both employers and employees on all facets of employment and labour law, including collective agreement interpretation.

Asha has been quoted in the Law Times regarding an employer’s Duty to Investigate, and has been published in an Accessibility magazine regarding employer’s AODA obligations.

Asha joined the firm in 2015 and her main areas of practice include human rights litigation and accommodation issues, labour relations, and all facets of human resources law.


Natasha Savoline, Lawyer & Human Resource Advisor

Natasha joined Bernardi Human Resource Law in 2014 as a Lawyer and HR Advisor.

Since 2003 she has been advising private and public sector employers and HR professionals on all aspects of labour and employment law matters, including wrongful dismissal, human rights, employment standards and labour relations. A strong advocate of a proactive and balanced approach, Natasha strives to resolve disputes before litigation arises. She listens to her clients’ needs to provide reasoned and practical legal advice and solutions to both employers and employees and aims to achieve the most reasonable and favourable outcomes for her clients.

While experienced in representing clients before courts and administrative tribunals, Natasha is a proponent of the benefits of alternative dispute resolution. She has co-authored several texts including the Ontario Human Rights Code: Quick Reference, 2009, Ontario Workplace Safety and Insurance Act: Quick Reference, 2010 and the McGraw-Hill Irwin Human Resource Management textbook (2011).