He said / She said - Assessing Credibility in your Workplace Investigation
He said/She said - Assessing Credibility in Your Workplace Investigation
It is rare, in a harassment/bullying, sexual harassment or discrimination case that your respondent is going to “fess” up. Alternatively bad-faith allegations do happen. What does an investigator do when there are no witnesses or other corroborating evidence? Can you come to a finding? The answer is yes.
Credibility Assessments, in Canadian law, are identified as an objective and reasoned analysis, not a subjective opinion.
Drawing on jurisprudence judgments, Veritas Solutions’ investigators apply twelve factors in determining the credibility of an interviewee. Using these twelve factors, an investigator can provide a legally defensible analysis on credibility and articulate why one interviewee’s testimony was preferred over another.
Credibility has been identified as having two components: Honesty and Reliability.
This session identifies the twelve factors used by triers of fact, and illustrates how and why an interviewee’s verbal evidence can be honest in their interview, yet lacking in reliability.
This session was originally presented during the MyKludo Virtual Investigations Conference held 6-8 December 2021.
After retiring from a colorful and highly successful career with the Royal Canadian Mounted Police, Bob has been conducting, overseeing, case managing, and leading a team of workplace investigators for over fifteen years. A former organized crime and homicide undercover pioneer, Bob made national news in Canada for being a police whistleblower. Bob has some stories! It was his own internal case – that resulted in a termination being overturned at the Federal Court of Canada, that grabbed Bob’s passion and interest in Administrative, Labour and Employment law, as related to workplace investigations. Bob is the founder of one of the leading workplace investigations firms in western Canada, and uses story, humor, and legal principles, that engage the audience’s heart and mind in his conference talks and training workshops.