Cio Bulletin
Sultan Lawyers PC is a boutique law firm focusing in all areas of employment and workplace immigration law. The firm is composed of legal professionals who regularly advise clients on a broad range of employment litigation and labor mobility matters for employers and individuals. It serves a wide variety of clients across Canada and globally. It is an expert on all workplace matters, from hiring, disciplinary issues, to termination of employment, human rights, and harassment. The firm is also heavily relied upon to provide advice on the most complex work permit and related immigration matters for Canadian and international companies.
Sultan Lawyers PC is structured to provide effective advice on critical and time sensitive matters. It is not only respond to requests but work with the clients to ensure that it anticipates relevant matters as needs and circumstances change. Its clients are confident that they receive the legal advice and support that they need for changes in operational requirements, particularly in connection with the growth in global labor mobility and employment compliance requirements.
Workplace Investigations
Workplace investigations are a best practice for ensuring basic employment standards, are protected, and breaches of employment laws are swiftly addressed. However, it is important to note that employers are required by law to investigate specific allegations. Under the Occupational Health and Safety Act, employers must investigate incidents and complaints relating to workplace harassment and violence. Additionally, employers have been liable for substantial financial damages for failing to properly investigate alleged discrimination or other breaches of the Human Rights Code. Employees involved in an investigation, whether as a complainant, respondent, or witness, should cooperate fully throughout the process. An employee who refuses to cooperate or interferes with the investigation may face discipline or termination. Any parties involved in the investigation must also maintain confidentiality throughout the process. This discretion should continue even after the investigation is complete, as much as possible.
Fairness is perhaps the most crucial element to an effective workplace investigation. Any unfairness in the investigative process places the entire investigation at risk of being overturned upon review by a court or administrative tribunal – even if the outcome itself is correct. The thorough investigation of an employee’s concerns not only protects the rights of the complainant employee but also those of the employer and the respondent named in the allegations:
The complainant employee is supported by the employer, who has demonstrated its commitment to the complainant’s rights under employment standards, human rights, and occupational health and safety laws. The employer ensures that any steps taken, whether the dismissal of the complaint or action against the respondent employee, are supported by well-reasoned findings based on a thorough review of all relevant evidence. This reduces the employer’s risk of being found liable for wrongful dismissal or other employment/workplace-related law. The respondent employee’s rights are protected through a procedurally fair investigation process.
Workplace investigations are an essential component of a healthy work culture. They help employees feel supported and assured that their concerns will be taken seriously by their employer. At the same time, effective workplace investigations can prevent conflict from escalating into larger issues that may poison the work environment. An inexperienced or shoddy review of employee allegations can leave employers vulnerable to liability before a court or administrative tribunal. Sultan Lawyers conducts robust workplace investigations that are procedurally and legally sound. As impartial, third-party reviewers, they protect the integrity of the investigation process and recommend practical corrective action that preserves the rights of all parties involved.
Sultan Lawyers provides comprehensive workplace investigation services that include these advantages and more. They understand the complexities of workplace relationships and conduct professional, robust investigations that protect the parties’ rights and can withstand judicial scrutiny. Through their extensive knowledge of employment conflict, they make recommendations to address problems and restore a healthy workplace culture.
Sharaf Sultan | Principal
Sharaf Sultan focuses his practice on both employment and workplace immigration law. He has extensive experience in all aspects of employment law, including wrongful dismissal, design of policies and procedures, as well as workplace human rights matters. He advises both large and small employers on a wide range of workplace employment matters, including hiring and termination, performance management, drafting of workplace employment policies, restrictive covenants, and employment contracts. Sharaf also regularly manages employment litigation and human rights applications.
Sharaf further advises employers on a wide range of immigration matters for companies involved in the relocation or hiring of foreigners into the Canadian labor market. He has extensive experience preparing and providing advice with respect to Business Visitor visa applications, intra-company transfers, and Labor Market Impact Assessment applications. His clients include large American and multinational corporations. He regularly writes and speaks on both employment and workplace immigration matters. He has also taught at the university level and continues as an adjunct professor on advocacy, employment and immigration law.
Prior to founding Sultan Lawyers, Mr. Sultan was a lawyer within Heenan Blaikie LLP’s labor and employment group.