What is the test for using an independent third party investigator to conduct a sexual harassment investigation?
Canada (Federal), Canada
The following excerpt is from Canadian Pacific Railway Company v Teamsters Canada Rail Conference Maintenance of Way Employees Division, 2017 CanLII 5291 (CA LA):
17. An obligation to investigate does not mean an outside investigator must always conduct harassment investigations. Indeed, using a third party investigator does not guarantee they will have an open, as opposed to closed, mind: Shoan v. Canada (Attorney General), 2016 FC 1003.
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