Workplace Investigations

In an age in which equality, diversity and inclusion are the buzzwords, and employees are encouraged by an entire industry of advisors, supported institutionally and legally by human rights advocates and administrators of the Human Rights Code, to complain of workplace conduct such as discrimination and harassment, Ron is often asked to advise on workplace investigations.

The key to an effective investigation is that it must be, and be seen to be, fair, objective and impartial. There is nothing wrong with an internal investigation, provided it meets the above criteria. To be impartial, the investigator must genuinely not have a stake in the matter whatever the outcome. The investigator must not be beholden in any away to the parties, to the accuser or the accused. The investigators must be complete in their investigation and refrain from any judgment until all the facts are in, ensuring that the accuser and the accused each have an opportunity to respond to any allegations made against them. Only in this way can the investigation be considered impartial and respected by all involved. If an investigation is not impartial, an employer runs financial risk, including increased damages in the event of litigation.