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Evidence Collection: Practical Tips for Workplace Investigations
Deborah Hudson, Queen’s IRC Facilitator
Workplace investigations have become commonplace across Canada. Many Canadian jurisdictions require that employers implement workplace harassment and discrimination policies, which often include mandatory investigation provisions. Whether or not investigations are legally mandated, it is sound practice for an employer to conduct an investigation when there may be potential workplace harassment, human rights violations, breach of company policy, criminal activity, security breaches, legal action, or media scrutiny.
A fair and reasonable investigation can provide a defense for employers to assist in future litigation and/or human rights complaints. Beyond legalities, investigations can also assist employers in identifying and resolving workplace issues, helping them to create a more productive and healthy working environment. For all of these reasons, workplace investigations provide an important function in today’s workplace. However, an investigation will only be useful if it is conducted in a fair and reasonable way.
Collecting the evidence is a fundamental step in conducting a fair investigation. Evidence may include witness statements, video surveillance, supporting documents (emails, letters, phone records, time sheets, text messages, photographs) and any other useful information regarding the relevant issues. While many witnesses may participate in good faith, people’s memories are not always reliable, and co-workers may share stories before an interview which could taint recollections. Further, not all witnesses will participate in good faith, resulting in dishonest and/or inaccurate witness statements on some occasions. Because of witness unreliability, workplace investigators should adequately instruct witnesses on confidentiality, while also making best efforts to collect and to preserve supporting documents when available. Following proper processes will assist investigators in ensuring that they have meet the good faith standard as required to conduct and complete workplace investigations. This article will highlight important considerations in collecting and preserving evidence when conducting a workplace investigation.
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Performance Management – Many Possibilities…and Implications
Ian Cullwick, Queen's IRC Facilitator
Performance Management (PM) has become a core organizational strategy and management priority for many organizations. From Boards of Directors to front-line managers, PM can effectively be used to drive accountability, quality, productivity, competence, and rewards and recognition. Going beyond simply a tool to drive “appraisals” and incentive rewards, PM can be complex and not without risk but it can also drive a sophisticated quality and performance-based culture.
Performance management has also become both a strategic imperative and a challenge for many organizations in this data analytics day and age. As a core enabler of performance optimization and accountability, many executive and HR leaders view PM as a core management practice and a key ingredient to becoming a higher performance organization. As a result of various regulatory, methodological and technological developments over the past five years, however, PM has become a misunderstood topic that is confusing for many organizations, especially for those that do not recognize the interdependencies that cut across other management and human resources practices at the enterprise-wide, team and individual levels of performance.
Best practice performance management is clearly not a “one size fits all” endeavor. Rather, it needs to fundamentally reflect the unique contextual needs of one’s strategic direction, business model, workforce profile and leadership preferences. Best practice PM also needs to be thoughtfully configured, and in many cases, phased in and allowed to mature, otherwise, the policies and programs that it supports will collapse and be rendered ineffective – a management risk that could be quite damaging, ultimately constraining front-line performance and of key importance, customer satisfaction.
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The Relevant HR Professional: Five Strategies to Better Engage with Senior Business Leaders
Jim Harrison, Queen's IRC Facilitator
I’m always stunned when I hear a senior business leader say that their head of HR isn’t one of their key advisors; that the head of HR is often not at the senior executive table when major strategic or market initiatives are being discussed.
And yet, in most organizations, human resources are both the largest expense line in the profit and loss statement and the most mission-critical resource: it is only with good people that ANYTHING of business value gets done. For this reason alone, there should be a senior HR professional at the table for every strategic discussion.
So how can it be that in so many companies, the senior HR professionals get relegated to the kids’ table when the main meal is being prepared and served? Why are HR issues too frequently an afterthought? The reason for this comes from both sides; business line executives often feel HR professionals spend too much time on process and analysis and not enough on understanding and creating strategic impact; and HR professionals historically have not been trained or encouraged to find the necessary business skills to identify that impact and talk about it in language that excites and engages business leaders.
We have to earn our way to the table. Yes, it is critical for our own careers, but more importantly it is imperative for the business. Outlined here are five strategies that any HR professional can employ to make themselves so relevant to the business and so engaged in its success that senior executives will demand that they are invited to join the senior executive team.
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