Toronto firm finds the answers that matter in workplace investigations

By Tony Poland, LegalMatters Staff • Lawyer and workplace investigator Mireille Mortimer says an “investigation that can be easily undermined is of no value.”

Mortimer, founder and principal of Mortimer Khoraych PC, says her firm conducts “thorough, respectful, neutral and objective” workplace investigations that comply with legal requirements and can stand up to scrutiny.
“We draft clear reports that set out the evidence along with our analysis,” she tells LegalMattersCanada.ca.  “We provide more than a bottom line. We are thorough not only in the fact-finding component but also in terms of setting out our process and dealing with any issues that may arise so our report is comprehensive.

“We are known for how detailed our investigations and reports are,” Mortimer adds. “The client is getting a high-quality product. We don’t typically get questioned about what we did or why we did or didn’t do something.”

A racialized lawyer who is an immigrant to Canada, Mortimer has built a firm with a diverse staff, with lived experience, which she says she believes can give them a better understanding of the issues workers sometimes face.

‘When you have diversity of thought, decisions are stronger’

“We do want to be representative as a team,” she says. “Also, when you have diversity of thought, decisions are stronger and better because people are bringing in different perspectives.”

Mortimer says the #MeToo movement “was a catalyst that led to people filing more complaints, especially against senior executives.”

“Organizations realized that there is real reputational harm emanating from these complaints and began taking the duty to investigate more seriously,” she says. “At the same time, the standards for workplace investigations have shifted. It is becoming more regulated and we now have more case law about what comprises a proper investigation. Workplace investigations have become a field unto itself.”

Prior to the #MeToo movement, most investigations were done internally, either by an employee’s manager or human resources, Mortimer says. She adds while there are no workplace regulations prohibiting employers from doing their own investigations, hiring a firm with legal expertise is extremely beneficial.

Familiarity with workplace legislation

“Retaining a firm such as ours can be advantageous just in terms of our familiarity with workplace legislation and the case law,” Mortimer explains. “There can be a great deal of administrative law involved in terms of ensuring procedural fairness in an investigation.

“As well, the actual investigation skills are very similar to other work that lawyers might do, such as questioning witnesses.”

It is important to know both employment and labour law to be effective workplace investigators, she says.

“You need to understand the context that the issues have arisen in,” says Mortimer. “Definitely understanding a typical employment relationship, the dynamics, along with the expectations and standards enhances the investigation.

“On the labour side, it is even more vital to understand how unions function, their rights in the workplace and how they support their members when there’s an investigation. Having that background is a huge benefit,” she adds.

Mortimer holds a certificate from the Association of Workplace Investigators (AWI), the only accredited association of its type in North America, and holds a certificate in Administrative Investigations from the Ontario Ombudsman.

Specialized training is important

“It is important to show that you have some specialized training,” she says.  “The AWI is an independent body. It is the industry leader, on the cutting edge of new issues, new topics and new developments that crop up in the area.

“It is a continuous learning journey,” Mortimer adds. “I remind our investigators about the importance of education and certification. There are always new developments and new kinds of constructs and ways of looking at things that can be implemented to guide an investigation. As a firm, we are all always learning. That is part of the fun too.”

While based in Toronto, Mortimer’s growing team conducts investigations across the country.

She describes the inner workings of the firm as a “flat structure that is not very hierarchical.”

“People have a genuine say,” she explains. “We try to foster a healthy work environment. We just started our summer hours, ending the week at noon on Fridays. We also instituted wellness days so people can just take a day off when needed.

‘We foster a supportive environment’

“Myself and another senior lawyer make ourselves available at any time for coaching and mentoring,” Mortimer adds.  “We foster a supportive environment so investigators don’t feel like they are off on their own. It is in our interest to make it as easy for them as possible.”

She says the firm has added new staff recently and they expect to keep growing – both in number and expertise.

“What sets us apart is the quality of our investigations, especially the depth and thoroughness,” Mortimer says. “We handle many complex investigations. That is the type of work I thrive on. I love jumping in and working out all the details. While it can be challenging, it is something I enjoy.

“At the end of the day, we are helping resolve an issue. We take pride in ensuring our investigation is fair to everybody,” she adds. “We know that not everyone who participates is going to be necessarily happy. Not everyone is going to get the result they want. But it is a step in the direction of resolving the problem.”