1. The complaint should be in writing

A workplace investigation usually won’t be initiated until Human Resources receives a written complaint.

The written complaint ensures:
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• The Complainant describes what has been occurring in their own words.  
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• Human resources can evaluate and decide next steps like:
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  • Administrative leave for the person being complained about (the Respondent)
  • Determine if an informal process might be appropriate or if a workplace investigation is needed.
  • If a workplace investigation is needed if an internal investigation is going to be suitable or does an external third-party investigator need to be retained.
    
• The investigator (internal or external) has a starting point to prepare for their interview with the Complainant and witnesses, if anyone witnessed the conduct being complained about.
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2. Confidentiality/no retaliation

Workplace policies and collective agreements generally have language about the importance of confidentiality in a workplace investigation. Confidentiality on the part of all the participants ensures a fair process and helps eliminate gossip in the workplace.

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Human resources, citing the workplace policies and/or a collective agreement, will also make sure all of the participants understand that retaliation by the Respondent, or others aligned with them, is not okay and how to report retaliation when it occurs.

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3. Interviews

If an informal process is not appropriate, then the workplace investigator (internal or external) will conduct interviews so they can hear in each participant’s own words what occurred and gather details about what happened. The workplace investigator will also ask for documents, like text messages or photos that are relevant to the conduct being investigated.
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The workplace investigator asks for these details so that they can summarize what they have heard and provide the Respondent with a summary of allegations in advance of their interview.

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4. Follow-up interviews or questions

Sometimes in the Respondent interview, new information comes to light that the Complainant or a witness did not discuss.  This may require a second interview or follow-up questions to help the workplace investigator reconcile the new information with the information gathered earlier. The workplace investigator does this so the investigation process is fair to both the Complainant and the Respondent.

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5. Final Report

Generally speaking, a final report will be prepared and kept on file with Human Resources.  While the final report will not be shared in full with the Complainant or the Respondent, workplace policies and collective agreements typically set out what can be shared, for instance a short summary saying if the complaint was substantiated, in part or in whole.  

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Final reports are not shared because they often include personal information about employees other than the Complainant and the Respondent and privacy laws require employee personal information to be treated very carefully.

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To learn more about KSW Lawyers, how we help clients, and how we can assist you with your workplace investigation, workplace policies or human rights matter, call (604) 591-7321, visit kswlawyers.ca or email fmcfarlane@kswlawyers.ca.

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