- within Employment and HR topic(s)
- with Senior Company Executives and HR
- in Canada
- with readers working within the Business & Consumer Services and Technology industries
In Episode 2, lawyer and workplace investigator Rachel Turnpenney joins our Investigator Chronicles host, Christine Thomlinson, to talk about lawyers having to make the shift from an advocate’s mindset to a neutral investigator’s mindset when conducting workplace investigations. They discuss learning to be comfortable with ambiguity, checking your own biases, and letting the evidence guide the decision rather than persuasive language. Christine and Rachel also unpack some of the factors that make sexual misconduct investigations unique: the higher level of emotion on all sides, and the tension between moving quickly and staying trauma-informed.
Including:
- Factors that increase the risk of sexual misconduct within workplaces, including decentralized or remote teams, historically male-dominated industries, and working with vulnerable populations
- How to balance urgency with a trauma-informed process for both complainants and respondents
- The recurring patterns Rachel sees in sexual misconduct cases, including shifts from welcome to unwelcome conduct, positional power dynamics, and the role alcohol plays at workplace social events
- Why a strong peer review process is essential to producing well-reasoned, defensible investigation reports
Rachel is a Partner and co-founder of Turnpenny Milne LLP and has been called to the bar in both Ontario and British Columbia. Since co-founding the firm in 2010, a significant portion of her practice has involved acting as an external workplace investigator and providing strategic advice on complex workplace issues. She has been a member of the Association of Workplace Investigators since 2018, is an AWI certificate holder, and has been qualified as an expert witness on workplace harassment. A particular focus of her practice is sexual harassment, gender-based discrimination, and sexual violence, including several high-profile Canadian investigations, the results of which are in the public record.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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