The Proper Approach To Making Policy Decisions In Workplace Investigations

We recently reviewed an arbitration decision by Mark Hart. There’s enough to say about this decision that we have divided this into two editions of From Case to Practice. This Part 1 focuses on making policy decisions. Investigators are typically asked to make factual findings (“What happened?”) in their workplace investigations. However, most are also asked to decide whether, based on the facts they have found, some applicable policy was breached. This case provides helpful insight for those making these types of policy decisions.

Where we are referring throughout to “policy”, this can equally be a reference to any language against which factual findings are to be measured. This could include a collective agreement, like in this case, legislation (like the Ontario Occupational Health and Safety Act (“OHSA”)), a Code of Conduct, or any other document that governs the conduct of the parties.