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ARTICLE · 23 NOVEMBER 2020

Conducting Workplace Investigations… In A Pandemic

Norton Rose Fulbright Canada LLP
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This year has created innumerable challenges for employers— including the challenge of how to effectively conduct a workplace investigation when health and safety protocols demand a certain...

CanadaEmployment and HR
Taryn Mackie
Taryn Mackie
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This year has created innumerable challenges for employers- including the challenge of how to effectively conduct a workplace investigation when health and safety protocols demand a certain degree of separation. Fortunately, the same Do's and Don'ts still apply to employers, whether they are conducting an investigation two meters apart or virtually through Zoom.

  • Don't (inexcusably) delay: Memories fade over time and adjudicators may interpret delay as a sign that the conduct is insignificant or that the conduct is condoned. This does not mean that investigations need to be rushed, however- on the contrary, hasty investigations can be equally fatal. Best practice dictates that investigations commence when you reasonably learn of conduct, or suspected conduct, that may justify employer intervention, disciplinary or otherwise. Employers are given latitude in planning their investigation appropriately to ensure the objectives of the investigation are met and, now,

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About Norton Rose Fulbright Canada LLP

Norton Rose Fulbright is a global law firm. We provide the world's preeminent corporations and financial institutions with a full business law service. We have 3800 lawyers and other legal staff based in more than 50 cities across Europe, the United States, Canada, Latin America, Asia, Australia, Africa, the Middle East and Central Asia.

Recognized for our industry focus, we are strong across all the key industry sectors: financial institutions; energy; infrastructure, mining and commodities; transport; technology and innovation; and life sciences and healthcare.

Wherever we are, we operate in accordance with our global business principles of quality, unity and integrity. We aim to provide the highest possible standard of legal service in each of our offices and to maintain that level of quality at every point of contact.

For more information about Norton Rose Fulbright, see nortonrosefulbright.com/legal-notices.

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