The Swift Team
“Investigative Risk Management assembled a team of industry leading experts to address all workplace investigations known as the SWIFT Team Strategic Workplace Investigations and Forensic Team.”
The IRM SWIFT mission is to provide a one stop solution to your workplace investigation,
mitigating potential risk or exposure to your organization!
Brian M. Sartorelli
PRESIDENT & CEO
GLOBAL
Ross Dunsmore
EMPLOYMENT LAWYER
LEGAL COUNSEL
Lloyd Vaughan, CII
DIRECTOR / INVESTIGATOR
GLOBAL
Lauren Jones
LAWYER / WORKPLACE INVESTIGATOR / HUMAN RIGHTS ONTARIO
Lorna Proulx
HR/WORKPLACE INVESTIGATOR ONTARIO
Nitin Pardal
LAWYER/WORKPLACE INVESTIGATOR
NATIONAL
Rick Schubert, CHRP
LAWYER
Lynia Vincent
HR/WORKPLACE INVESTIGATOR
ONTARIO
Terry Hoffman, CPP, CBCP
CORPORATE SAFETY, SECURITY & COMPLIANCE
GLOBAL
Victoria Ollers
PR/COMMUNICATIONS
ONTARIO
Jack Pham
HUMAN RIGHTS LAWYER/INVESTIGATOR
NATIONAL
Sarah Bunder, CCII, CSM, ACSO
CYBER INVESTIGATIONS
GLOBAL
Ronna Hutchins
HR/WORKPLACE INVESTIGATOR
ONTARIO
WORKPLACE INVESTIGATIONS
All workers are entitled to a safe and healthy workplace. When these conditions are breached, there is a statutory obligation for the employer to take immediate action. The Ontario Occupational Health and Safety Act mandates how the employer will investigate and deal with incidents or complaints of workplace harassment and violence. The investigation must be timely, objective, confidential, and thorough. Workplace investigations may also be required upon an employer receiving information of an alleged violation of the Human Rights Code.
“60% of workers have experienced harassment at the workplace. 30% sexual harassment and 21% experiencing workplace violence. 75% of workers who had experienced any of the above only reported the most recent incident but only 41% said no attempt was made to resolve the issue”
Given the above statistics it is safe to say that most companies have had their share of issues and you aren’t alone. What will set you apart is how you choose to manage these problems when they arise. Choosing to use SWIFT, a team of dedicated professionals in Human Rights, Law, Technical Forensics, and Investigation, will ensure that your investigations is thorough, process driven, defensible and impartial. Under Part III prosecution in Provincial Offences Court (POA Court), where any offences found by the Ministry of Labour investigations are heard, the following penalties and fines can be imposed: up to a maximum fine of $50,000.00 and/ or imprisonment term of not more than 12 months upon conviction.
Types of Complaints: Workplace harassment occurs when a person engages in a course of vexatious comment or conduct against a worker in a workplace which is known or ought reasonably to be known to be unwelcome. This also includes workplace sexual harassment. Workplace harassment includes, but is not limited to offensive comments or jokes; bullying or aggressive behaviour; inappropriate staring; sexual harassment; isolating or making fun of a worker because of their gender identity.
Initial Considerations: Before beginning an investigation there are several items that need to be considered before an employer should proceed with an investigation.
Has a complaint under OSHA been filed?
Should the complainant or subject of the complaint remain in the workplace during the investigation?
Who is the best qualified to investigate the complaint?
Would a third party be the most effective route to go when investigating complaints?
Are specialized techniques required i.e. forensic technology searches or interviewing techniques?
Does the workplace investigation deal with sensitive issues?
Is the complaint against a member of the leadership team, manager or supervisor?
Is privilege required?
Would the employer be expecting litigation?