- The right to notice of allegations and notice of the investigation process
- The right to oral or in-person submissions before the investigator
- The right to disclosure of information the investigator is using
- The right to present evidence (for instance, witnesses)
- The right to seek legal advice
- A speedy resolution
- An impartial decision maker
- Receive the complaint (or observe the incident)
- Decide who should be in charge of the investigation (someone who is unbiased; in certain circumstances, it is advisable to hire a third party investigator)
- Review any relevant policies and follow applicable procedures (for instance, a Bullying and Harassment Policy)
- Conduct interviews
- Ensure there is a shop steward present in a unionized environment
- Ensure the presence of more than one employer representative in interviews (or using a third party investigator)
- Take careful notes
- Inform participants of confidentiality
- Put allegations to the respondent and provide them with an opportunity to respond
- Ask open-ended questions
- Ask Who, What, When, Where, Why, and How questions
- Consider what evidence you are allowed to use and what evidence cannot be used (for instance, evidence obtained in violation of privacy laws)
- Consider the evidence
- Making a Decision
- Determining the consequences
- Communicating the outcome to affected parties
- Finalizing the investigation notes and keeping the file confidential
- Developing investigation protocols
- Drafting bullying and harassment policies
- Conducting workplace investigations
- Training managers and supervisors in investigation procedures
- Responding to complaints including union grievances
Ritu is a member of our Labour, Employment and Human Rights Group. She is a former Vice Chair of the BC Labour Relations Board. As an experienced adjudicator, Ritu offers our clients a unique perspective on labour and employment law ...
Katy Allen is a partner in the Labour, Employment and Human Rights Group in Vancouver. Katy approaches legal issues with practicality and a focus on each client’s unique business needs. She advises and represents clients ...
Lawson Lundell's Labour and Employment Law Blog provides updates on the most recent legal developments impacting the Canadian workplace and offers practical tips for employers. We cover a range of topics, including labour relations, employment law, collective bargaining, human rights, employment standards, employment equity, workers' compensation, business immigration, privacy, occupational health and safety and pensions and employee benefits.
Legal Disclaimer: The information made available on this webpage is for information purposes only. It does not constitute legal advice, and should not be relied on as such. Please contact our firm if you need legal advice or have questions about the content of this webpage.