An interactive process map that guides any interested party through MSF-Canada's process for responding to reports of workplace harassment, misconduct and abuse.
An interactive process map that guides any interested party through MSF-Canada's process for responding to reports of workplace harassment, misconduct and abuse.
If you want to report an incident in person, you can begin the process with any of the following people: the Director of HR, the Manager of HQHR, or any member of the Management Team. You can also reach to a Member of the Board, or to the Board President.
If you choose to report online, you have the option to share what you have experienced before you share your identity and learn what the response will look like. For this reason, some people feel more comfortable reporting online.
Once you have submitted a formal report (also known as a complaint), the next step is an assessment process. In our HQ policies on harassment, discrimination and violence, we have committed to completing an assessment within 2 (two) working days of receiving a written report.
While assessment is occurring, the person accused of harm (also known as a respondent) will not be notified of the process. Only once the case has been assessed and a plan for next steps has been shared with you will the respondent be notified.
Below is a list of questions that the HR Director will ask when completing an assessment.
Below is a basic framework for case/investigation management role clarity. Each position is defined by its tasks—depending on the severity of the situation and the leadership/management role of those involved, the case management team’s seniority can escalate.
FYI this process includes an external investigator or mediator/facilitator (for pre-adjudicative options such as informal resolution). As such, this framework is appropriate for cases that fall under Workplace Harassment, Discrimination or Violence policy; for Dispute Resolution, an internal investigator or facilitator may be appropriate.
Along with Decision Maker, interviews and selects external investigator or mediator/facilitator; coordinates external person’s relationship with MSF-C and provides orientation and context to organizational culture as needed; maintains documentation; keeps Complainant and Respondent apprised of the process and timeline.
• Strong knowledge of confidentiality
• Ability to show organizational care through the process – offering accommodations, checking in
about need for resources, etc
• Maturity and sound judgement
• Good documentation skills
• Does not need to have knowledge of the particular case content
• This role is time intensive so person should be backfill-able
• Has access to a folder of relevant documents (NDAs, Complainant Guide, etc)
• Has done MSF Case Management training
Typically this is the Director of HR in consultation w the ED; institutional ‘voice’ -- intentionally kept separate from logistics of investigation; manages initial assessment; defines case management team; informs both parties of findings; makes decision about outcomes, in consultation with external resources as needed.
• Experience with complex cases, including risk assessment
• Ability to stay neutral
• Access to a network of support for consultation
• Specialized training in harassment and workplace investigation management
Supports decision maker with brainstorming, support, referrals etc if case is complex – adds a layer of expertise and input to support reflection and difficult decision-making.
• Subject matter expertise
• Removal/arms-length from org
Manages communication internally the org about process; offers training in advance so within the org folks are aware of confidentiality requirements.
• Knowledge of the process
• Needs to know the parties involved but does not need to know particularities of the case
• Well respected within org
Contribute to investigative and/or restorative process.
Carries out investigation; produces report of findings.
• Available and able to produce report swiftly
• Trained in trauma-informed investigation practice (Forensic Experiential Trauma Interview)
• Membership in a professional college/accreditation?
Designs and carries out informal or pre-adjudicative resolution; produces a report that includes any conditions or behavioural contracts agreed to.
• Available and able to produce report swiftly
• Trained in mediation w emphasis on harassment or violence
• Membership in a professional college/accreditation?
Psychosocial support.
Manages communication with the media if case goes public.
• Does not need to have knowledge of case particularities—needs knowledge of its management
Provides a mechanism for any participant to contest the process.
• Strong knowledge of best practice and procedural fairness
• Access to governance mechanisms
Very well known in the field; roughly 75% of her caseload is harassment, the other 25% discrimination and human rights; has previously done an investigation for MSF-C.
Typically $400 per hour; she slides it to $300 for nonprofits.
contactme@angelabradley.com
angelabradley.com
Bilingual english/french; member of Ontario and Quebec bar; specialization in Human Rights cases (she is a member of the Ontario Human Rights Tribunal).
Typically $350 per hour; she does reduce it for nonprofits.
sea@workplaceinvestigations.ca
workplaceresolutions.ca/sarah-e-atkinson/
Works with the City of Toronto in human rights investigations; experienced in organizational coaching and mediation.
saraluther@forwardworking.ca
forwardworking.ca
Social worker and mediator; background in healthcare and social services visavis human rights.
$300 per hour; discount of 20% for public sector.
kaconsulting@tcc.on.ca
kinnearandassociates.com
Trains others in trauma-informed investigation; specialization in online violence and harassment; specialization in gender discrimination visavis pay equity.
Standard rate $475 per hour; does slide her scale for nonprofits.
MWarwick@agbllp.com
agbllp.com/gillianhnatiw.html
Very senior in the field of sexual assault law; experience investigating and prosecuting misconduct in regulated health colleges; experience working internationally; experience supporting institutions responding to gender-based harassment and violence.
$300 per hour is her nonprofit rate.
647-500-3005; or assistant Amanda 647-500-3005
joanna@birenbaumlaw.ca
upfhlaw.ca/lawyer-profiles/details/joanna-birenbaum
Firm focuses exclusively on workplace investigation w particular emphasis on bullying and harassment; experience in cases with multiple complainants and cases with anonymous/identity protected complaints.
$350 per hour; no nonprofit rate.
416 712 5654
monica@workplace-investigation.ca
workplace-investigation.ca
Firm focuses on respect in the workplace; offers a variety of investigators who charge varying rates and have various backgrounds; all are trained on trauma-informed interviewing; they also do workplace culture assessments.
Ranges between $225 and $460 per hour.
905 486 1993
lbernardi@hrlawyers.ca
hrlawyers.ca
This agency is a partnership between the folks behind the HEART training manual and legal counsel.
workrightinvestigations.com
Very senior in the field; expensive and has a long wait list; expertise in cases involving high reputational risk.
rubinthomlinson.com
Educator and researcher; she focuses on bystander intervention and offers training to organizations.
Educator and facilitator; diversity, mediation and human rights; expertise in racial justice within organizations; he has lots of experience working w NGOs.
Mediator; expertise in restorative practice and alternate dispute resolution.
Educator and mediator; experience in group conflict process; trainer for communication skills; works with respondents.
Leadership training, equity and diversity, mediation and facilitation.
Coach, expertise in working with respondents.
She is a researcher based in Oregon; her work deals with institutional betrayal and sexual violence.
