What is Reasonable and Who is this “Reasonable Person”?

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Prerecorded Webinar

Understanding the Importance of Objectivity in Workplace Investigations

Nowadays, many workplace disputes are not rooted in disagreement about the facts. We know the conversation happened, the text was sent, or the feedback was given. The dispute lies in whether or not such conduct is considered “unreasonable” and therefore, a violation of workplace-related policies and legislation.

In this webinar, we will discuss the critical importance of – indeed, the legal requirement for –objectivity in workplace investigations; and will explain to participants how the “reasonable person” standard fits into this requirement.

Topics that will be covered include:

  • Understanding the difference between emotional reactions, personal opinions and the “reasonable person” standard;
  • Avoiding the use of passion, popularity or informal workplace “polls” to assess the “reasonable person” standard;
  • Ensuring we do not apply or rely on our personal opinions – as investigators – in place of the “reasonable person” standard; and
  • Understanding the difference between violating the “reasonable person” standard and violating policy/legislation.

This webinar will be presented by Marli Rusen who brings years of extensive experience as a labour, employment and human rights lawyer to her current work as a labour arbitrator, mediator/investigator and workplace consultant. Marli has transformed her legal knowledge of workplace dynamics into practical tools to help identify and resolve workplace challenges in order to build strong and productive teams.

Marli’s extensive experience in workplace relationships and culture has culminated in her creation of the MIRROR Method, a popular six-step process leaders use to build respectful and inclusive environments. Marli has authored and published a book on this topic, titled “The MIRROR Method: How to build productive teams by ending workplace dysfunction” and a companion workbook, titled “The MIRROR Method Workbook: The workplace leader’s guide to ending dysfunction”.

In addition to providing extensive in-person training on workplace respect, accountability and leadership, Marli recently produced a self-directed, online video course for all staff and leaders titled “Building Respect and Resolving Conflict – the Fundamentals”. This is accessible through her website: www.themirrormethod.ca.

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