Workplace Investigations
What is a Workplace Investigation
and when should one be done?
A workplace investigation is conducted if there is reason to believe that something wrong might have occurred in the workplace or in relation to an employee while engaged in work related activities and there are questions regarding the relevant facts.
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Consider: If the allegations were all true – would the conduct complained of be in breach of your policies or the law?
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If yes - you may need to investigate.
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Consider: Are there questions that need to be answered?
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The purpose of an investigation is to provide answers to questions. For example, are you being told different stories about whether an incident occurred, how it happened or the parties who were involved? If everyone agrees on what happened and there are no questions to be answered, then there is no need to investigate. You need only consider what should happen next (e.g., discipline).
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Check in on your own reactions and biases.
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Take care that you are checking your assumptions and not jumping to conclusions. It may not sound like anything at first. Keep an open mind and remember not to use yourself as the yardstick - especially when it comes to complaints of discrimination and microaggressions or sexual harassment. If the allegations are serious, you should obtain legal advice before acting against the person accused or dismissing a complaint outright.
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Consider: Do you have goals that are not in line with the purpose of an investigation:
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to show employees that you are taking things seriously;
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as discipline in itself;
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to look for evidence to support firing someone; or
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as a gesture to protect your company for what it has already decided to do.
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Other processes may serve you more effectively for these priorities.
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If done properly, an investigation will provide you the information you need to make informed decisions, meet your legal obligations and assess how your workplace is aligning with your goals.
When should you hire an external investigator?
A qualified investigator is:
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Skilled and trained
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Available
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Experienced
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Unbiased (includes avoiding the appearance of being bias)
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Trauma-informed
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​The investigator should match the circumstances. While often times, an internal investigator can be used (internal investigators can reach out to Reset Mediation & Legal Services for an HR Consult for guidance), some circumstances may require the use of an outside investigator.
When to go External:
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Insufficient internal resources - conducting an investigation can be time consuming. Current staff may not have the capacity to take on the additional workload. Your organization may also lack staff who are qualified based on on the above criteria.
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Organization is small - this increases the risk of bias.
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Complaint is against senior management - there should never be a reporting relationship between the person being investigated and the investigator.
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Complaint could lead to litigation or arbitration - An investigation should be defensible if the matter proceeds to Court or arbitration. Otherwise the findings of the investigation may not be upheld and any action taken based on the findings of the investigation will also be in question.
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Allegations could go public - a more formal approach shows the organization is serious about addressing any issues.
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Complaint complex - more strain on your internal resources, and higher need for experience in organizing and analysing evidence and writing clear reasons.
Why hire Reset Mediation for your investigation?
I am fully trained in investigative techniques specific to the employment context and stay current on legal standards on the requirements for the workplace and for what constitutes a successful investigation.
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I have conducted investigations in a wide array of industries throughout the Atlantic Provinces, both unionized and non-unionized, including industrial workplaces, healthcare, office and remote settings. Allegations have included bullying, harassment, workplace violence, sexual harassment and poisoned work environment.
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Workplace investigations can be very stressful for all employees involved, even the witnesses! For some complainants, talking through certain events can be retraumatizing. I am experienced interviewing clients and witnesses regarding sensitive and/or technical information. While discussing challenging issues, I strive to be a patient and attentive listener, empathetic, friendly and respectful. I am never quick to jump to conclusions, but I am able to identify red flags, ask direct questions and assess credibility. This approach has helped me identify sources of conflict and tension in workplaces and has allowed me to provide employers with relevant recommendations and interventions for improvement.
My investigation reports are fair and thorough, summarizing the evidence that was considered and including detailed explanations of how I drew my conclusions on credibility and facts. When required, I can provide a legal analysis of whether the facts revealed by the investigation are in breach of organizational policies or human rights laws, and can offer generalized recommendations for the workplace. ​At the end of the process, you will receive a well written, organized, effective and reliable report.
What can you expect if you choose to investigate with Reset Mediation & Legal Services?
I will guide you through the entire process, ensuring that it aligns with your internal policy and all legal requirements, with clear cost estimates and timelines.
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An investigation plan is created and tailored to the individual needs of each client. Services can include initial assessment of what type of investigation and/or alternative dispute resolution process is most appropriate, contacting parties and witnesses, communicating with union representation and management, advising on a plan that supports the organizations policies and guidelines, and on logistical and procedural fairness requirements, preliminary assessment of complaint, conducting interviews and follow up, evidence analysis and report preparation, recommendations, and summary of findings.
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In the end, you will have a legally defensible investigation report, which can include credibility assessments, evidentiary analysis, findings on fact and policy breach, and recommendations.
