- 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 common sense and a focus on each client’s unique business. She advises and represents clients regarding a ...
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.
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