Workplace Investigations

An employer may request an investigation for a variety of reasons - because of workplace conflict that has gone unresolved, because a grievance has been filed or because a formal complaint of harassment has been made. Alternatively, a manager may recognize that there is a potential for harassment in the workplace and, as a manager who is responsible for maintaining a harassment free environment, he or she may initiate an investigation as a pro-active measure.

Investigations may involve situations where there are allegations or concerns about:

• Conflict between individuals
• Sexual harassment
• Racial harassment
• Harassment based on a disability
• Harassment based on other protected grounds under human rights legislation
• Personal harassment
• Abuse of authority

An harassment investigation usually involves two or more individuals, a complainant(s) and a respondent(s). Associates will first review current policies and procedures to ensure that the investigation addresses existing organizational policies.

The complainant(s) and respondent(s) will be interviewed, as well as relevant witnesses. Related documents are researched and reviewed. As a final step, the parties to a complaint are re-interviewed to provide them with an opportunity to respond to any new information which has arisen in the investigation.

Associates will analyze the information gathered, using a number of factors such as the preponderance of evidence, credibility of parties and witnesses, reasonable person and reasonable victim, etc. A conclusion will be reached based on the “balance of probabilities”.

A report is prepared outlining the facts, the analysis of the facts and the conclusions. Some organizations’ policies require an interim report on which the parties can comment before the final report. In all cases, TLS ensures procedural fairness for the parties to a complaint.