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ETHICAL ISSUES DURING AN INVESTIGATION


Part I

This seminar discusses the ethical scope of an investigation, the necessity to understand its legal context and the possible liability of the investigator in the event of non –compliance with the code of ethics related to his/her own profession. It demonstrates the importance of having a clear mandate and to discuss any amendments to it, as needed and as per the investigator’s ethical duty.

Part II

The presentation deals with confidentiality as an ethical concern in the course of investigations.

Confidentiality is different from privacy. An investigation has to comply with certain statutory and legal rules governing privacy rights. Examples of privacy interests are outlined, particularly, expectations of privacy when investigating social media are discussed. The presenter further shows limits of confidentiality within an investigation, confers balancing rights of the involved people to know the allegations with preserving confidentiality, and considers information disclosure without breaching confidentiality of a witness.

About The Speakers

PEIGI ROSS attended Windsor Law School.  Then, she practiced at a large boutique labour and employment firm until 2003, when she became Employment Law Counsel to the Scotiabank Group of Companies.  This gave her special experience with executive and incentive-based contracts of employment.  Peigi joined Dunsmore Law in 2006 and has been senior counsel. Presently, Peigi is Vice Chair at Ontario Labour Relations Board.  She has extensive experience in human resources management, collective agreement negotiations, arbitrations, adjudications, wrongful dismissal litigation, labour board proceedings, human rights, and workplace investigations.

Peigi bargains on behalf of various clients, conducts municipal interest arbitrations and has a significant practice involving plaintiff litigation.  She trains employers on workplace investigations in the collective bargaining setting and with respect to employment standards and workplace compliance with Human Rights Code and Occupational Health and Safety matters.  With her extensive Bank experience, her practice crosses federal and provincial jurisdictions, as required.

She is an engaging speaker with an imaginative and practical perspective.  Among her colleagues, she is well-known for her determination to cut-to-the-chase.

When not consumed in the law, Peigi is either renovating her home, planning a voyage to a far flung, often obscure, destination or awaiting the delivery of her next Bernese puppy.

       BRIAN SARTORELLI is the founder of Investigative Risk Management, one of Ontario's leading and highly respected investigative companies.  He is an internationally recognized investigative executive with over 38 years of experience providing consultative and advisory services to Fortune 500 companies on insurance claims, corporate intelligence, environmental investigations, WSIB claims, criminal and civil litigation, undercover investigations, counter measures and other investigative services.  


      

Jennifer Wootton, B.Comm. LL.B. has more than 25 years of experience in the workplace human rights law field.  She recently launched Optimal Resolution Method (www.optimalresolution.com) a program that teaches managers and human resources professionals how to effectively and respectfully handle workplace harassment complaints internally.

Jennifer’s law practice focuses on the proactive and compassionate resolution of internal workplace complaints through investigations, assessments, training and policy development.  Jennifer is a pioneer in the field of workplace harassment investigations and has investigated thousands of workplace harassment, bullying and violence allegations as an external investigator since 2000. She is regularly retained by public, private and not-for-profit employers to conduct workplace investigations of every level of complexity.  She has extensive experience in both unionized and non-unionized workplaces, and employers of all sizes also call on her to advise on their internally conducted investigations. 

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