Workplace investigations are a vital part of workplace management and they can play a pivotal role in any subsequent dispute between the employer and the employee (and in a unionized workplace, the employee’s union). The prospect of an investigation of any kind, such as human rights, harassment, or employee misconduct or discipline, can instantly increase a manager’s anxiety level. Avoidance isn’t an option: employers are obligated to act on harassment complaints; the principles of procedural fairness often call for an investigation before imposing discipline; and good management requires rigorous attention to employee wrongdoing to promote a healthy workplace culture. Managers and supervisors must be comfortable conducting such investigations in an effective and fair manner, and be prepared to address the myriad of situations that typically arise in an investigation.
Learning objectives:
1) The Role of Investigations. The value of a proper investigation and its role in safeguarding the employee’s right to procedural fairness and the employer’s liability exposure; what events trigger a workplace investigation and the main types; the four overarching principles that all workplace investigations must embrace; and the parameters of employees’ duty to cooperate.
2) Building the Investigation Framework. Employee privacy interests and disclosure rights; and how to build a systemic investigation framework that respects them, including how to select the appropriate investigator and a helpful investigation checklist.
3) Conducting the Investigation. How to conduct the investigation from beginning to end, including: preparation; typical employee concerns and cooperation issues; how to prepare for and conduct effective witness interviews; and how to conclude the investigation, arrive at an outcome and prepare an investigation report.
4) Acting on the Investigation. How to use the investigation to decide on an appropriate course of action depending on the investigation outcomes; and implementing the determined course of action.
Upcoming Session: Wednesday, April 19th 9:00am – 12:00pm (offered virtually)