Published on September 27, 2007 by Donna Seale
Education/Training
Why is training needed?
In order to maximize the chances for your organization to prevent and escape liability for human rights-related issues in the workplace, it is essential that employers conduct training for their entire range of workers, entry level to executive. This training should not only focus on ensuring employees understand the policies and complaint procedures internal to your organization (which you hopefully have in place!) but on what is expected of everyone in the organization in order to foster and maintain a culture of respect. Special training for management, the eyes and ears of the organization and the potential root of organizational liability, should also be considered.
Why hire a consultant to do the training?
Hiring an independent, third party to conduct these types of training creates a more neutral learning space for employees, enables employees to engage more readily with the material and allows employees to more freely ask questions they might not otherwise. As a result, the training becomes more effective.
Why hire me?
I use my legal and training experience to conduct appropriate on-site educational sessions on a wide variety of topics for a broad range of staff. Course topics and materials are carefully tailored to the audience’s needs. Your policies and procedures are incorporated into customized, interactive and participatory training sessions. New modules are always being developed and current materials are updated to ensure cutting-edge training.
I provide a training package for clients that includes a follow-up service to my training sessions that enables employees attending the training to contact me confidentially for 30 days post-session with any training-related questions they may have. As part of an enhanced training package in relation to some of my sessions, I offer trainees the ability to work on examples post-training and send me their work for comment and review.
Some of the topics I have been hired to provide training on are:
Investigations
Why should you be concerned about your internal investigations?
Good internal investigations into workplace misconduct result in healthy work environments and minimize employer liability. Flawed investigations can lead to costly legal action, negative publicity, corporate embarrassment and loss of credibility amongst the organization’s workforce and in the labour market generally.
Why hire a consultant to do internal investigations?
An outside investigator offers companies two distinct benefits internal investigators do not:
Why hire me to do your internal investigations?
I provide my clients with high quality investigations to assist in the determination of the concerns prompting the investigation and to enable the pursuit of an internal resolution of the issues. Not only do I have significant experience in the proper investigation of human rights complaints, but as a litigation lawyer, I also fully understand the nature of litigation and can, therefore, conduct the best investigation possible. Post-investigation, I will prepare and provide a thorough and rigorous report of findings with the objective of guiding corporate decision-makers on appropriate decisions and to facilitate the parties involved achieve a resolution.
Due to my background as a practising lawyer, I am able to easily collaborate with my clients’ regular legal counsel, as needed. This serves to ensure no unwanted conflicts of interest or waiver of solicitor-client privilege if either is of concern in a given case.
In addition to conducting an investigation into the specific issues raised by a particular complaint, with my focus on prevention, I will also provide comment in a separate and confidential report to management regarding any systemic issues that become evident as a result of the investigation into the primary complaint. This assists my clients address potential concerns before they become actual liabilities.
Policy/Procedure Development
Why should you be concerned about your policies and procedures?
Written employee policies and management procedures form the foundation of an employer’s legal defence should it be faced with a union grievance, human rights complaint or external litigation. Well-drafted policies and procedures can go a long way toward minimizing an organization’s liability, while defective policies and processes lead to court cases. Properly written, communicated and implemented policies and procedures can also make an employer’s internal processes more attractive than other possible options for employees to address their concerns.
Why hire a consultant to help you with developing policies and procedures?
It is important for employers to develop human rights policies and procedures that reflect the reality of their specific workplace, which are consistent with other policies that might already be in place (e.g. computer usage policies, safety policies, etc.) and which are thorough and clear. There is no sense drafting a policy or establishing a process that none of your employees can understand. Employees who do not understand the policy will not use it and that just opens the door to liability.
Why hire me to help you with your policies and procedures?
I help employers with the development, implementation or review of their human rights policies and practises, including establishing in-house systems to resolve human rights complaints or issues. I will conduct a review of the policies your organization already has in place and determine what steps need to be taken to ensure comprehensive human rights policies and procedures are developed.
Investigation Coaching
Why do you need a coach for your internal investigators?
During the course of an internal investigation, questions might arise that your internal investigators simply do not know how to answer. For example, they might not know how to approach the questioning of a particular witness or they might be unsure as to how to properly assess the relative credibility of the employees they have interviewed.
Why hire me to coach your internal investigators?
Whatever the issue, I can make my services available on an ongoing retainer in order to coach your internal investigators through their challenges.
Additionally, I offer employers the opportunity to have me partner with their internal investigators on an investigation. As conducting an investigation is more an art than a science, experience is invaluable. I will work through an entire investigation from the filing of the complaint to the drafting of the report with your internal investigator, providing my advice and insight. Your internal investigator will gain immeasurable practical experience along the way.
COMMON QUESTIONS:
There are some questions that I typically get asked by prospective clients. If you would like more information or would like to retain my services, please contact me at dseale@mts.net.
What do you charge?
For my investigation, coaching and policy development services, I charge by the hour.
For my training services, I am usually able to quote a flat fee depending on the length and type of training required, plus expenses incurred. I have a cancellation policy that clients will pay all non-refundable expenses incurred such as airfare, printing costs, etc. if a training session I have prepared for is cancelled.
What are your terms?
After our initial consultation about the services you require and the timing involved in providing those services, I will send you an agreement outlining my services and fees. Once we both sign the agreement, I will commence my work.
Depending on the length of the project, I may send you a bill at the completion of my services or interim bill as work is performed. Payment is due when my invoice is received.
How do we get started?
Contact me at (dseale@mts.net) dseale (at) mts (dot) net and I will get back to you promptly.
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Donna M. Seale B.A., LL. B.
Human Rights Lawyer
and Educator
