Workplace Investigations: Ensuring Fairness and Compliance

Workplace investigations have grown in popularity in recent years as a way for employers to maintain a fair and safe work environment and manage risk in the workplace. Workplace investigations let employees know that their concerns are being addressed and that company standards and policies are worth more than simply the paper they are printed on. These investigations also provide employers with the benefit of having shown they are taking active steps to address concerns or issues raised in the workplace.

What is a Workplace Investigation?

Workplace investigations are inquiries initiated to address complaints within the workplace of misconduct, harassment, discrimination, or other significant issues. These investigations can arise from employee grievances, reports from management, or external complaints. The primary goal is to gather facts, assess the situation impartially, and determine appropriate actions based on the findings.

Employers will often hire independent third parties to conduct workplace investigations to ensure there is no room for allegations of bias. Often workplace investigators are lawyers with expertise in employment law matters.

Why Would You Need a Workplace Investigation?

Workplace investigations have numerous benefits to the employer and the employee alike.

Employers in British Columbia are obligated to provide a safe work environment. Failing to investigate complaints can lead to legal repercussions, including claims of negligence or discrimination under the Human Rights Code. A properly and promptly conducted investigation can demonstrate that the employer has acted reasonably in the circumstances and insulate them from potential legal action. Identifying problems early can help mitigate risk and be invaluable in avoiding litigation. If litigation is unavoidable then workplace investigations can also provide documentation that may be vital in case of future disputes or legal actions.

For employees, to see that their concerns are addressed seriously and thoroughly fosters a culture of trust and respect. Conversely, ignoring complaints can lead to a toxic work environment, high turnover rates, and decreased productivity. It is important to show that workplace policies and workplace standards are important and enforced.

How Does a Workplace Investigation Work?

Before starting a workplace investigation, it is important to define the scope and objectives clearly. Employers should determine the nature of the complaint, gather any relevant documents, and identify potential witnesses.

Depending on the complexity of the situation and the size of the workplace, employers can designate an internal investigator or hire a third-party professional. As mentioned above, an impartial investigator can enhance the credibility of the process and ensure that all parties feel they have been treated fairly.

Generally speaking, most workplace investigations follow a similar process:

  • Information Gathering – This step in the process involves interviewing the complainant, the accused, and any witnesses.
  • Document Collection & Review – Investigators will collect and review any relevant documents, such as emails, performance records, or previous complaints. This review can provide context and support or contradict the statements made during interviews.
  • Analysis & Report – After gathering all necessary information and documentation, the investigator must analyze the data to identify patterns, inconsistencies, and key findings. A clear and concise report should be prepared, outlining the investigation’s process, findings, and recommendations.
  • Follow-Up Actions – Based on the report’s findings, employers must take appropriate action. This may range from disciplinary measures against the accused to implementing organizational changes or providing additional training. It is crucial to communicate the outcomes to the involved parties while maintaining confidentiality as much as possible.

Workplace Investigation Lawyers

Workplace investigations have grown to become an essential part of managing employee relations in British Columbia and throughout Canada. They not only help organizations comply with legal obligations but also contribute to a positive workplace culture. Employers must approach investigations with a clear understanding of the legal landscape and a commitment to fairness and transparency. By doing so, they can effectively address issues and foster a safe and respectful work environment for all employees. Conversely, failing to approach workplace investigations properly can result in more legal issues to deal with. Due to this it is important to ensure that you consult experienced employment lawyers before engaging on a workplace investigation.

If you have need help regarding a workplace investigation or have questions or concerns about an ongoing workplace investigation, contact the experienced employment lawyers at Taylor & Blair LLP today to schedule a consultation.