Monday January 24, 2022

Tuesday November 2, 2021

Tuesday February 23, 2021

Tuesday February 2, 2021

Thursday January 21, 2021

Monday January11, 2021

Tuesday Dec 29, 2020

Monday Nov. 2, 2020

Tuesday March 24, 2020

Thursday March 19, 2020

Thursday February 20, 2020

IRM WHITE PAPERS

Mandatory Vaccination Policies in Unionized Settings

Further case law has come out in support of mandatory vaccination policies in unionized settings. Arbitrator Norman Jesin found that Maple Leaf Sports and Entertainment’s vaccination policy is reasonable and not a violation of their collective agreement with teamster’s Local 437. Read all the details of this case.

COVID-19 and EI

On October 21, 2021, the Canada Revenue Agency (“CRA”) provided updated guidance for employers completing Record of Employment Forms (“ROE’s”) for employees whose employment is affected by the employee’s refusal to comply with the company’s mandatory vaccination policy.

Private Investigation - A valuable piece of the fraudulent claim solution

“These days the word “pandemic” seems to have one meaning, however, fraudulent claims has been the ongoing pandemic that some  turn a blind eye to – but not everyone is looking the other way.

Private Investigators  have become a valuable tool in fighting the pandemic of fraudulent claims in both the Insurance and Corporate world.  While some may think Investigators cross the line to prove a claim, you may be surprised to learn it is a very regulated and restricted environment in which Private investigators can actually conduct business! “

Second Declared Emergency: What Employers and Employees Need to Know

Rachel Davis of Dunsmore Law has prepared a collection of the most recent government links and regulations discussing what employers need to know.

Please visit the Dunsmore Law site: https://www.dunsmorelaw.com/blog/second-declared-emergency-what-employers-and-employees-need-to-know

or you can view the PDF article below.

common WORKPLACE INVESTIGATIONS mistakes

Employers can be held liable for improperly conducted investigations and the complainant gainfully rewarded as a result. Sandra Barker has prepared a white paper on the most common mistakes made during work investigations. It is crutial for you and your organization to know and understand your exposure and that your complaint is properly addressed and investigated.

SURVEILLANCE Camera White Paper

Industry leading IP Video solutions put IRM at the forefront of the electronic security market place. With experience designing and building leading edge video managed solutions our team has the capability to deliver IP video solutions in high definition in any environment.

Winter Surveillance Misnomers!

Winter Surveillance

It’s not a total white-out! With COVID-19 in full force and temperatures dropping, your surveillance case should still be a priority, and this is why. If there is one phrase that is consistently heard from our clients, it is “let’s wait for some good weather”. We have always communicated to our clients however, that Winter doesn’t stop most people. Driveways still need shoveled. People inclined to shop will still shop. Now, add “COVID fatigue” and people are looking for reasons to leave the house.

Times now are unprecedented. Some may wonder if people are as active now as before COVID-19, or if people are active, they will be wearing a mask, so how can one be sure they are observing the correct person? With lockdown scenarios happening in areas of the country, sports leagues halted, travel mostly banned, and leisure activities being close to non-existent, it may seem like very little opportunity for your surveillance to occur at all.

The good news is our observation rates tell a different story.

With many years of experience and knowledge, IRM has successfully mitigated the challenges that both COVID-19 and Winter has thrown at us. Being an industry leader has allowed us to go into this season prepared and continue our surveillance cases without skipping a beat. We have been able to pivot as necessary to maintain our observation rates at an exceptional level.
In fact, our observation rates on our Corporate accounts are at an astounding 92%. Our Insurance observation rates have only resulted in a mere difference of 6% between 2019 and 2020!

How do we do it?

First, we take a close look at the environment and culture in which we are conducting surveillance. Paying attention to the specifics on each subject helps us predict their actions, thus increasing our accuracy of when and where to conduct surveillance. While there may be restrictions on organized activities, human nature is consistent. For example, if a subject has children, they may not go to hockey on Saturday. However, a quick look at roof racks on their vehicle may indicate that a trip to the ski hill or local toboggan hill is happening instead. Kids and adults still need activities, organized or not. Many ski operators are already indicating their season memberships are quickly selling out and bike shops across the province catering to the winter fat bike enthusiasts are recording record sales.

People still need to be entertained and outdoors is the new hot venue. What better opportunity to see that “entertainment” occur firsthand! While store closures are also occurring in areas across the country and shopping becoming more limited, it is creating a demand for the stores that remain open. A subject with restrictions regarding any excessive standing or walking may be observed in line outside the local Costco. Hour-long waits at many big box or grocery stores are common - “tis the season” to “shop ‘til we drop”, right? There is encouragement to shop local this season which may have your subject running around town wrapping up last-minute shopping.

Analyzing the family dynamic, social media activity, and local activities allows IRM to take our intelligence led investigations to the next level. It seems the longer restrictions are in place; the more people find alternative solutions to stay active and get out of the house – where we can see them. What about the mandatory masks and general winter gear? How do we know that our subject is underneath the mask, the toque, the scarf?

What may seem as a hindrance at first can be a win for our investigators. Again, starting with a strong social media investigation prior to boots on the ground is imperative. We document such things as pets, winter gear in pics, even accessories such as purses, leashes, boots, etc. Eventually, people remove their masks – usually upon exiting any store or when in the vehicle. This allows for identity confirmation. Pets are great accessories too and are usually very identifiable. The best thing about dogs is that they will always need to be walked – they really don’t care that it’s a pandemic! Looking for the same dog, the same purse, and of course masks that have symbols, logos, designs, etc. have made winter/COVID surveillance easier than originally anticipated. Every company, large or small, will encounter difficult situations at one time or another. However, now more than ever, your company needs to have professionals on stand-by. At IRM, we ensure the facts are presented with integrity and, in a professional and credible manner. IRM team members consist of senior investigators, licensed paralegals, former law enforcement officers, human resource professionals, lawyers and other professionals whom together enjoy decades of experience in complex, sensitive, and intricate investigations.

If you have a questionable claim or would like more information about what is involved in an investigation reach out.

We are here to help. Written by Sandra Barker – National Sales Exec IRM

For more information please contact:

Brian Sartorelli Alicia Hughes Sandra Barker
brians@irmi.ca aliciah@irmi.ca sandrab@irmi.ca
705-503-5544 647-963-7345 647-271-1268

WORKPLACE INVESTIGATIONS

WHAT YOU NEED TO KNOW AS AN EMPLOYER.

by Joan van Hilten Backhurst
Investigative Risk Management

According to the 2017 publication by Harassment and Sexual Violence in the Workplace – Public Consultation: What We Heard (Employment and Social Development Canada) 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 and 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 are not alone in that regard.  What will set you apart as a company is how you choose to manage these problems when they arise.  There are financial and reputational impacts on employers who do not take complaints seriously and /or investigate, where appropriate.

Individuals (sole proprietor) can face a fine of no more than $100,000.00; a prison term of not more than 12 months, or both.

Corporations could face a maximum fine of $1,500,000.00 upon conviction.

The consequences of not conducting an appropriate investigation are palpable.

Under the OHSA, if an employer becomes aware of an instance of harassment (or the potential for harassment), they are required to conduct an “appropriate” investigation into the allegation brought to their attention by either the supervisor or the Complainant employee. However, employers are also required to conduct investigations (or at minimum, preliminary inquiries, into allegations) stemming from anonymous complaints.

Further, it is important for employers to appreciate that the OHSA provides authority to workplace inspectors under s. 55.3(1) to order employers to hire an impartial investigator to investigate, at their own cost.

Prior to commencing an investigation, there are several considerations to contemplate before proceeding such as: have allegations been raised that could amount to a prima facie case, if true? Should the Respondent remain in the workplace during the investigation, be re-located or placed on an administrative leave pending the investigation? What steps need to be taken to preserve the integrity of the investigation such as, ensuring confidentiality is maintained throughout the process? Who is best qualified to investigate the complaint? Would a third-party investigator be the most effective option to investigate the complaint in the circumstances? Is there a need to maintain privilege?

By hiring a third- party investigation company you bring into the investigation a higher level of investigatory competency and neutrality.  By doing so you are bring on board a individual that has specific experience in dealing with workplace investigations and understands the process required to satisfy an adjudicator or judge’s higher standard of needs than an employee that may have gone through a one-day training seminar.  Involving a third-party will also bring with it the degree of thoroughness required to keep the investigation defensible should it become a litigation action against the employer.

An internal investigator may also not appear as impartial if it is a senior member of the organization being investigated.  Not only that, but also another consideration is the internal investigator still must work with the respondents in the future and this may cause certain animosities in the workplace.

Investigations should follow Natural Justice and Procedural Fairness. 

Procedural Fairness is a concept in law that is concerned with the process relied upon to come to a decision as opposed to the correctness of the decision. Procedural Fairness requires the decision-maker to follow a fair and proper process to arrive at their decision.  The fundamental basis of natural justice is predicated on the underlying belief that the substance of a decision is more likely to be fair if the procedures through which that decision was made were just.

The relevant principles of Natural Justice include: the right to adequate notice, the right to be heard, and the right to an impartial decision-maker free from bias.

How does this impact your decision to choose an external investigator?

It can’t be stressed enough that conducting a credible workplace investigation requires strict adherence to the processes outlined in the governing legislation (the OHSA or the Human Rights Code).  A thorough yet impartial investigation is the cornerstone of developing a credible and defensible investigation.  An experienced investigation team is a key strategy in successfully managing your business. Relying on an external investigator will preserve your integrity and reputation by overcoming the appearance of bias.

Find more information here…

WORKPLACE INVESTIGATIONS

Designated Essential Workplaces in Response to COVID-19

On March 23, 2020, the Ontario Government announced that it would order the mandatory closure of all non-essential workplaces in Ontario as of Tuesday, March 24th at 11:59 p.m. At this point in time, the closure is expected to last 14 days, with the possibility of extension. Non-essential businesses may continue to operate remotely; for example, online, by telephone, or by mail/delivery. Essential businesses may continue their operations.

Private investigative services have been deemed to be “essential workplaces”. There are three types of businesses identified as “essential” that apply to private investigative services:

61. Professional and social services that support the legal and justice system

68. Businesses providing security services including private security guards; monitoring or surveillance equipment and services

70. Businesses that support the safe operations of residences and essential businesses

Lawyers have also been deemed to be essential services, so investigators retained by a lawyer may further protect their status as an essential service.

Although essential businesses may remain open, the Ontario Government has urged these businesses to put into place any and all measures to safeguard the well-being of employees. This includes keeping a safe distance from other individuals and practicing proper handwashing. Employees should be permitted to work from home where possible.

Declared Emergency Leave and Temporary Layoffs:

What You Need to Know The province of Ontario is in an unprecedented situation. As of March 17, 2020, Premier Doug Ford enacted a declaration of emergency pursuant to section 7.0.1 (1) the Emergency Management and Civil Protection Act, RSO 1990 c E.9 ("EMCPA"). For the first time since its enactment in 2006, some employees may now be able to take a Declared Emergency Leave (“DEL”) pursuant to section 50.1 of the Employment Standards Act, 2000, S.O. 2000, c. 41 (“ESA”). DEL is an unpaid, job-protected leave of absence that lasts until the declared emergency is terminated or disallowed. Such a leave is available where (a) an emergency has been declared pursuant to section 7.0.1 of the EMPCA that directly affects an employee’s ability to perform their job, and (b) one or more specified situations applies to the employee.

These situations are as follows:

• Where an order is made under section 7.0.2 of the EMCPA that applies to the employee. For example, where an employee is unable to perform their job due to an ordered closure of their workplace, or where an employee cannot commute to their workplace because such travel is prohibited due to the declared emergency and the employee is unable to work from home.

• Where an order under the Health Protection and Promotion Act, R.S.O. 1990, c. H.7 applies to the employee. For example, where a medical officer of health orders individuals to refrain from taking specified action related to a communicable disease and such action is necessary for the performance of the employee’s job.

• As a result of the declared emergency, the employee must provide care or assistance to certain specified individuals, such as immediate family members. For example, where there are day care closures and the employee must stay home to care for their child, or where an employee’s disabled grandparent is quarantined in their home and requires assistance.

• Lastly, DEL may be taken for “such other reasons as may be prescribed”. There are currently no prescribed reasons.

Employees who require this leave must notify their employer in advance, although there is no specified timeline in the ESA. If this is not possible, the employee must inform their employer as soon as reasonably possible after commencing the leave. Employers may require employees to provide evidence of the leave that is reasonable in the circumstances, and at a time that is also reasonable in the circumstances.

But what if an employee eligible for DEL does not take it? Can an employer force an employee to take the leave? Like other leave entitlements, DEL is an employee right, so it is unlikely an employer can demand that an employee take such a leave. An employer who wishes to temporarily remove a worker from the workplace can do so by other means, such as a temporary lay-off. Temporary lay-offs can last for no more than 13 weeks in a 20-week period with no notice and no payments to the employee, or they can last for more than 13 weeks but less than 35 weeks in a 52-week period with no notice but some specified payments to the employee, such as benefits continuation. If the employee has not been recalled after the temporary layoff period, they are deemed to be terminated.

Be careful – temporary layoffs look different depending on the workplace and the employee. A temporary layoff can become a constructive dismissal if the employer and employee do not have an agreement in place allowing the employer to temporarily layoff the employee. Layoffs also look different in unionized workplaces where the collective agreement may provide its own scheme. The number of employees laid off at a time also affects an employer’s obligations; there are significant implications if 50 or more employees are laid off and subsequently deemed to be retroactively terminated in any four-week period starting from the original layoff date. It is important that employers know their rights and obligations to avoid liability.

Employees on temporary layoff can receive Employment Insurance (“EI”) benefits. As a responsible employer, you should issue Records of Employment to laid off employees as soon as possible to enable them to access these benefits. Recent legislative changes in the past week mean that some EI waiting periods and the requirement for a medical note have been waived. Employers should urge employees to apply for EI benefits as soon as possible. Not only are we dealing with a novel coronavirus; we are dealing with a novel employment law landscape. Employers must tread carefully. Tough decisions will have to be made and it is important for everyone to know their rights and obligations.

We are here to help. Contact us today with your novel questions!

Prepared by Dunsmore Law and approved by Ross Dunsmore B.A. LLB

INVESTIGATIVE RISK MANAGEMENT ACQUIRES PRISM INVESTIGATION

Investigative Risk Management increases its depth in serving the corporate, insurance and legal industries.Investigative Risk Management (IRM) is pleased to announce the acquisition of Prism Investigation (Prism), effective immediately. IRM will continue to provide exceptional service to Prism clients and looks forward to meeting our new clients, providing them with a full range of products and services.

"We are pleased that IRM has been able to acquire such a top-calibre company," said Brian Sartorelli, President and CEO, of Investigative Risk Management. "We have known and worked with the founder and owner of Prism, Wayne Sullivan, and understand his focus on delivering exceptional service to his clients.

For 25 years, Waterloo, Ontario-based Prism Investigation has served a diverse range of clients across Canada and the U.S. Since the inception of Prism, they have provided professional investigative services to the Insurance, Legal and Corporate sectors. 

"The services of our companies complement each other, and IRM offers a further depth of service in the areas of workplace and corporate investigations, including WSIB claims, IRM's Strategic Workplace Investigations and Forensic Technology (SWIFT) team," said Wayne Sullivan, President and CEO, Prism Investigation. "Our success has been due to a team of dynamic and energetic group of professionals committed to the highest standards of excellence and integrity. I see that loud and clear at IRM." 

Ontario-based, with offices in Manitoba, Alberta and British Columbia, Investigative Risk Management (www.theIRMsolution.com) provides expertise in corporate risk management and investigative services including insurance claims, corporate intelligence, human resource strategies, workplace investigations, WSIB claims, criminal law and civil litigation, undercover operations, counter measures and other investigative services designed to protect the corporate environment.