Navigating Workplace Investigations
May 18, 2023
Navigating Workplace Investigations
More and more Canadian businesses are being forced to handle internal investigations into complaints surrounding policy violation, including allegations of harassment, discrimination, or misconduct. While these matters can quickly become an unwanted drain on internal resources, they require swift action, objectivity, sensitivity and knowledge of the law and procedure. Should a workplace investigation lead to legal action, one must be armed with evidence of best-practice and a concise report that can be scrutinized by the judiciary. This is where we come in…
Here's a breakdown of the different phases of a workplace investigation and how an employment lawyer can help.
Phase 1: Planning and Preparation
The first phase of a workplace investigation involves planning and preparation. This includes identifying the scope of the investigation, determining who will conduct the investigation, and gathering relevant documents and information. An employment lawyer can help with this phase by providing guidance on the scope of the investigation, ensuring that it is legally compliant, and identifying potential legal risks.
Phase 2: Investigation
The second phase of a workplace investigation involves conducting interviews, gathering evidence, and analyzing the information collected. This can be a complex process, and an employment lawyer can help by conducting interviews on behalf of the company, analyzing the evidence collected, and providing legal advice on how to proceed.
Phase 3: Report and Recommendations
The third phase of a workplace investigation involves preparing a report and making recommendations based on the findings. An employment lawyer can help with this phase by preparing a detailed report that outlines the findings of the investigation, making recommendations for corrective action, and providing legal advice on how to proceed.
Phase 4: Follow-Up
The final phase of a workplace investigation involves follow-up and monitoring. This includes ensuring that corrective action is taken, monitoring compliance, and conducting follow-up investigations if necessary. An employment lawyer can help with this phase by providing ongoing legal advice, monitoring compliance, and conducting follow-up investigations if necessary.
How Can We Help?
Workplace investigations are a necessary part of running a company, but they can be complex and time-consuming. An employment lawyer as the outside investigator can help by providing guidance on the scope of the investigation, conducting interviews, analyzing evidence, preparing a report and recommendations, and providing ongoing privileged legal advice.
Note to Readers: This is not legal advice. If you are looking for legal advice in relation to a particular matter please contact one of our group members. We communicate all these updates to our clients and readers on our Employer Resources Portal and through monthly Newsletters.
Chris Drinovz is a Partner at KSW Lawyers and the founder and leader of the Employment & Labour Group. His calling is to excellence through the mastery of his craft and tireless dedication to his clients. He is described as hard-working, analytical, trustworthy, and genuine. Chris works with business leaders and union and non-union organizations to solve workplace legal problems and achieve long-term solutions that align with his client’s values. He is a dedicated advisor and an experienced courtroom advocate with a track record of success.
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