This webinar will focus on the unique aspects of complaints that arise from employer holiday parties, conferences and other business-related events that involve social interaction and give both internal and external investigators practical information and tools for handling the challenges these types of complaints frequently bring.
A variety of fascinating legal issues arose in California during 2023 that promise to reverberate across the workplace investigation industry in coming years. Join past AWI presidents Amy Oppenheimer and Karen Kramer and current AWI President Eli Makus for a robust discussion on these essential topics.
This webinar will address how defamation claims can and do arise in the context of workplace investigations and give both internal and external investigators practical information and tools for anticipating and avoiding defamation concerns during investigations.
From opening to closing an investigation, every step throughout the process has important do’s and don’ts that can make or break a successful investigation. With decades of law firm and in-house counsel experience, two panelists will give an investigator's perspective.
This training will help you find your way to findings by identifying strategies on how to (1) craft an appropriate scope of investigation utilizing existing employer policies, (2) elicit relevant information from sometimes traumatized witnesses who are fearful of retaliation due to the alleged bullying, (3) determine whether bullying behavior is representative of discriminatory conduct; (4) make proper findings supported by the weight of the evidence; and (5) deal with tricky issues which can be unique to bullying investigations.
Hear two national ethics experts walk you through the many issues, obstacles and analyses that attorney investigators need to consider before saying “yes” to conducting a multi-jurisdictional investigation.
Join our panel for a practical discussion about key challenges, solutions, and lessons learned from workplace investigations under the Bill C-65 framework with public and private sector clients from an internal and external perspective.
Many of us have been asked to advise an employer that has just been presented with a revelation about serious interpersonal issues within its workplace – often involving a group of employees who raise serious issues about the behaviour of one or more colleagues. What is the appropriate, most ethical course of action? Join us as we explore these challenging aspects.
Learn about the ins and outs of cross-border investigations, why they are on the increase, ethical obligations, and trends relevant for both internal and external investigators. This engaging discussion will also cover potential risks and opportunities involved in international investigations to include confidentiality and privilege.
During the course of any investigation, issues of potential criminal liability on the part of an individual or an institution may unexpectedly arise. This presentation will identify different scenarios where this may occur and help prepare the investigator to skillfully navigate them.
This webinar will focus on the dilemma every investigator faces from time to time: hitting what seems like a dead end. The presenters will share creative ways to persist in moving forward in an investigation that hits the proverbial wall. Learn new ways to get past common obstacles while staying true to AWI Guiding Principles.
Conflict resolution tools like mediation and restorative processes are important options for investigators and HR professionals to be aware of. Our panelists will share experiences ranging from administering ombuds programs within large institutions, piloting the use of restorative practices at a major corporation, and mediating individual workplace conflicts of all shapes and sizes.
This presentation will help attendees understand and apply current industry best practices in addressing allegations of identity-based harassment, discrimination, and other misconduct at an organization when the allegations are based on anonymous, and often online, allegations.
Our panel of experienced investigation firm owners will offer their insights and practical tips for managing a successful practice as sole practitioner, small boutique firm and large investigations firm. The panel will also discuss strategies for developing business, what technologies firm owners should consider using, and how to attract and keep great staff.
The speakers will review common pitfalls and challenges faced when conducting investigations from the perspective of both external and internal investigators. The panelists will share unexpected issues they have encountered and what strategies they employed to ensure that the investigation was conducted in a manner consistent with AWI Guiding Principles and standard workplace investigation practices.
Attendees will learn how to manage common pitfalls and issues that may disrupt an independent investigation.
Forensic technology has been a tremendous boon in terms of the identification and analysis of digital evidence in workplace investigations. It is becoming increasingly important that the workplace investigator really understands what is happening and where digital evidence might lie. Those experienced investigators that truly understand and apply forensic technology analysis remain unicorns. That rare and almost mythical beast that often starts where others stop and know when to question what seems obvious at a glance.
The broadening appreciation of obligations to indigenous and Te Tiriti o Waitangi (the Treaty of Waitangi), together with the significant participation of Māori in and across all sectors, mean inevitably, that Pākeha (non-Māori) investigators, who are engaged by Māori and/or work with Māori, will need to develop an understanding of Te Ao Māori (the world view from Māori). This session will focus on what investigators should be aware of when working with Māori, and how investigations involving Māori may be conducted appropriately.
The New Zealand Royal Commission of Inquiry into Abuse in Care has the largest scope of any similar international inquiry. The Inquiry is considering a range of faith based and state institution settings and a range of themes over a 50 year time period, including the experience of the disabled, Pacific Islanders and Māori in care. Estimates are that 250,000 children may have been abused in care in this time period. Now mid-way through the life of the Inquiry, there have been many lessons learned as to how to scope and conduct an historical investigation in an inclusive, trauma informed manner and the resources that are likely to be required.
Judge Corkill will provide a view from the bench about workplace investigations. He will give some insight into the issues that may arise out of investigation processes and reports, and the steps that investigators may wish to take in order to address them.
The session will cover topical developments illustrated by caselaw including the implications of the requirement for registration either as a private investigator or a lawyer; whether new rules of conduct for lawyers apply to their conduct of workplace investigations; a change to the standard of proof test for misconduct in cases which may result in personal grievances; and the prudence of liability disclaimers.
A Q&A discussion exploring what has changed for investigators post #metoo, changes in employer attitudes to complaints, using trauma informed principles in interviewing, individual vs systemic investigations, mandatory reporting of sexual harassment, and the role of the investigator in providing recommendations to employers about improving their internal policies and procedures for dealing with complaints of sexual harassment.
The intersection between the criminal law, employment law and workplace investigations will be explored with a panel comprising an investigator, employment lawyer and criminal barrister. Workplace investigators may be required to consideration evidence that may be admissible in future criminal proceedings. The most common incidents of workplace criminal behaviour relate to fraud, theft, sexual harassment, and sexual assault. Is it a criminal issue? Is employment law advice needed? Do I call the investigator? Maybe it is a combination with crossover and timing concerns.
Our panelists have extensive experience undertaking and advising on reportable conduct investigations. This webinar will provide an overview of common issues and challenges associated with reportable conduct investigations from the perspectives of the Victorian regulator (Commission for Children and Young People), a lawyer and an investigator. Each panelist will offer practical guidance for those conducting reportable conduct investigations involving children and expert insight into the complexities of this unique area.
The focus of this webinar is to provide information on the investigative framework required to gather the information relevant to making a determination of the future risk of physical violence that an individual may pose.
This webinar focuses on the impact of COVID-19 on workplace investigations. Our panel of workplace investigators and in-house counsel will consider new practices that have been adopted by workplace investigators to assist the investigation process. Which of these practices should remain post the pandemic and why? Were there any practices that developed that should now be ditched? We will also consider how these adapted investigation practices were viewed by those who instruct workplace investigators. What was the experience of inhouse counsel with the investigation process during the pandemic? Did these new practices align with our client’s expectations? Were there any difficulties and how were they overcome? Our speakers will share and discuss investigation practices that were adapted or implemented during 2020 and consider whether any of these practices might continue as we emerge from the pandemic.
With some states removing the “severe and pervasive” standards from anti-discrimination laws, along with a trend of increased reporting at workplaces after BLM and #metoo movements, there is a growing demand to think about how to better address and repair harms caused in the workplace by discriminatory actions.
Gender inclusive communication is evolving as people increasingly embrace diverse gender identities, pronouns, and lived names. This session will help prepare investigators to build better rapport and to consider the nuances of respectful and clear documentation.
Join us for a webinar on how best to investigate COVID-related claims. The panel will address how HR is implementing the new COVID laws, regulations and guidelines -- and how those laws, regulations and guidelines may impact investigation findings.
This webinar is an introduction to the changes to the Canada Labour Code regarding Harassment and Violence, and to the new Workplace Harassment and Violence Prevention Regulations coming into force in Canada on January 1, 2021.
During this program, a neuropsychologist will explain these processes so investigators better understand how to minimize harm and maximize the information they gather in survivor interviews. Experienced workplace investigators will also discuss special considerations that may apply when assessing trauma survivor credibility.
During this webinar, Eve Fichtner will discuss self-education, interview preparation, and practical interviewing tips to elicit credible information from a child witness, while avoiding leading or tainting the witness testimony. Participants will gain awareness of general development stages and competency of a child witness.
When there is an overlap between a workplace investigation and a potential criminal investigation by law enforcement, there are a host of tricky issues. This webinar will highlight these challenges for investigators, discussing different approaches for different types of cases, and provide guidance about how and when to work in concert with law enforcement, and when to move ahead on our own.
This webinar will take you through the report writing process, beginning to end. We’ll provide practical tips to help you focus your report, include necessary elements, strengthen your writing, and sharpen your analysis.
Understanding and navigating biases is critical to the work we do as investigators. This program will:
Review implicit bias and confirmation bias and its impact on investigators
Define and give examples of microaggressions and discuss the challenges of investigating them
Discuss how investigators can increase their cultural competency.
Attendees will learn about how investigation firms have weathered the current environment including how their investigators have adapted to stay at home orders. Predictions as to how investigations will be changed will help prepare attendees for the post-COVID-19 environment.
During the course of this webinar, a panel of experienced workplace investigators will take AWI members’ questions. Panelists, Lisa Bowman, Dinamary Horvath, and Judy Mims, will bring their unique perspectives and experiences as external, internal, and private workplace investigators to the issues facing AWI members today.
During the course of this webinar, we will explore some classic cases for using social media to enhance workplace investigations – both large and small and discuss the ethics and limitations around this approach.
By the end of this webinar, participants will: learn the new risk drivers for virtual and remote workplace wrongdoing, explore the extension of the “workplace” and employers’ harassment and violence protection obligations to their employees, and understand what types of investigations they will be called upon to do under the “new normal.”
This webinar takes an in-depth look at key legal issues for workplace investigators who undertake inquiries into allegations of sexual harassment.
This webinar is intended for Australasian investigators.
This session discusses the key factors that are used to assess credibility and the challenges that arise during video interviews when making credibility determinations. This session will also highlight key things investigators must do to effectively conduct a video interview.
Our panel of experienced investigation firm owners and business operations experts will offer their insights and knowledge about how to start and manage your own investigations practice. The panel will also discuss strategies for developing business, what technologies firm owners should consider using, and how best to operate your own firm.
Recently, the National Labor Relations Board (“NLRB”) issued a key legal decision that will likely impact the process and procedure that workplace investigators routinely follow in conducting investigations for both unionized and non-unionized workplaces. This session will provide answers to many questions about this decision, as well as a unique summary of the NLRB’s decision from both a labor and workplace investigation perspective.
This session will cover the legal framework governing municipal employment complaints and investigations, including the complexities of confidentiality in the context of open meetings and open records laws.
This webinar will explore the factors Canadian adjudicators examine in determining whether a workplace investigation is covered by legal privilege and when an employer may want to assert or waive any potential privilege claim. Using real life examples, participants will also come away with an understanding of some of the procedural steps they must adhere to if they wish to have a workplace investigation withstand scrutiny by Canadian adjudicators.
This webinar will provide an overview of the eight draft Ethical Guidelines, highlight the reasons why the guidelines were developed and explain how they will sit with other professional ethical obligations and the forthcoming AAWI Best Practice Standards.
We will discuss issues such as ethical responsibilities, investigating high profile cases, lack of cooperation, privilege and confidentiality, disappearing evidence, professionalism, report organization, executive summaries, drawing conclusions and more.
Those attending will gain insight into handling high-profile investigations, as well as into allegations that don’t quite rise to the level of harassment and allegations that are well beyond the statute of limitations (and perhaps outside of the strict employment context).
Internal and external investigators have different challenges. This program will discuss some of these challenges, including the weaknesses both types of investigators---as expert witnesses---might highlight in the other’s investigations and how to anticipate and avoid those arguments.
Internal workplace harassment investigations are commonly conducted by a company representative, such as from within the Human Resources department or other competent investigators. A different approach includes having a union representative co-investigate the complaint, which can often alleviate difficult conversations and a grievance about the findings after the fact.
We will discuss the Family and Educational Rights Privacy Act and how it is implicated in investigations; mandated reporting and Lybarger admonitions; and the laws and rules that govern the discipline of certificated employees and what they mean to the investigation report.
This webinar will explore the ethical issues that in-house attorneys, external counsel, investigators and plaintiffs' or complainants' attorney face when conducting, supervising and representing parties in workplace investigations.