Employment Defence lawyers specialize in protecting employers from claims of discrimination, harassment, and other forms of alleged wrongdoing. This is accomplished through proactive risk management, strategic investigations, and specific legal defences.
At our firm, we frequently work with Small to Medium-sized Enterprises (SMEs) facing allegations, especially those involving police or a criminal element in a workplace issue. Having spent over a decade in criminal litigation, I utilize my skills in investigations and defence work to serve employers and organizations dealing with these complex scenarios.
Here is how our firm can assist you when you are facing allegations of wrongdoing as an employer:
Proactive Risk Management and Early Intervention
As defence counsel, we often step in at the first sign of an internal complaint. Our goal is to help your business organize the facts, review the situation, and advise on communication and document production to prevent the issue from escalating into a lawsuit. They help spot patterns of inconsistent discipline, which are difficult to defend and can make a business appear unfair to regulators.
To build a strong legal foundation, we advise employers on:
- Properly documenting warnings and performance evaluations.
- Ensuring termination decisions are based on objective records, not subjective assumptions or bias.
- Proactively reviewing and updating employee handbooks, HR policies, and anti-harassment training to prevent future claims.
Investigations and Evidence Preservation
When a complaint is formally made, we guide employers on how to conduct and document internal workplace investigations, and we help determine if external counsel is necessary. We often advise on managing external investigations to keep them cost-effective, or we may engage the external investigator ourselves to maintain legal privilege.
In cases like sexual harassment, promptly and reasonably investigating the allegations can serve as a key affirmative defence. Our firm ensures that employers immediately preserve all relevant digital and physical evidence. Failing to do so can result in a Court making an adverse inference, where the Court find that the evidence would have been unfavorable to the company. We also guide management on how to properly mark documents to protect attorney-client privileged communications during the discovery process.
Assist Employers with Post-Investigation Transition
After an investigation concludes, we help our clients put the pieces back together. This may involve managing the previously disputing parties, facilitating a resolution or restoration process, or creating internal communications that respect confidentiality while allowing employees to understand the outcome. When termination or exit is warranted, we navigate that process to avoid further allegations of reprisal or retaliation.
Conclusion: Moving Beyond Damage Control
The most successful organizations understand that Defence Counsel is not an emergency “fixer” to be called only when a lawsuit has been served. Instead, they view us as strategic partners to audit internal policies and HR manuals before disputes arise.
A proactive legal partner is vital in high-stakes scenarios. While employment laws are increasingly strict, a prepared employer with a documented history of fairness and transparency is a difficult target. By prioritizing radical consistency in your records and utilizing legal counsel as a preventative partner, you shift the focus from reactive damage control to strategic advantage.
If your organization is facing an escalating situation, morale challenges, or managing a high-stakes investigation, contact us today. A brief engagement can help your HR or legal department avoid wasted time and costly mistakes. We are also available to consult with in-house counsel and other investigators who require second opinions or external advice, particularly those cases with criminal or police involvement overlap.
