The Importance of Workplace Investigations

Employers and unions are often required to investigate allegations of bullying and harassment, collective agreement and human rights violations, or non-compliance with the Workers Compensation Act and its regulations, policies, and guidelines.

The investigations must be fair, complete, and proportionate to the issues raised by the evidence. An employer that fails to conduct a proper investigation exposes itself to potential liability. Consequences include claims for punitive damages, human rights complaints, and civil legal action or grievances.

An effective and fair workplace investigation will result in a conclusion based on which the employer can take decisive and appropriate action – and preclude negative consequences.

What You Can Expect

Impartial Factfinding

We operate free from biases. Instead, we base our findings on evidence and thorough assessments of credibility.

We will first review allegations of alleged workplace misconduct and gather relevant background materials relating to the business operations of the employer or union. Then, we will work with the employer or union to schedule a list of potential people to interview. Those accused of misconduct will usually be scheduled last to ensure any allegations of misconduct are put to them so they can fully respond.

Sensitive and Culturally Competent Approach

We understand that when an investigation is necessary, tensions can run high. That is why we make all efforts to investigate tactfully. Furthermore, we ensure confidentiality by identifying and investigating only the issues that need to be addressed. Any complainants, witnesses, and respondents involved can be assured that their statements and concerns will be considered. 

Thorough and Efficient Reporting

How long an investigation takes depends on the complexity of the situation and the availability of witnesses. However, we are mindful of the need for employers and unions to conduct timely investigations. In some cases, after the investigation is concluded but before a final report is published, we can share the likely findings of fact and credibility. This will allow the parties to take proactive measures in dealing with the workplace conflict. Our findings will be thoroughly explained to ensure fairness and transparency.

Confidentiality

We take every measure to protect the privacy of those involved in an investigation. Employer and union concerns will be held in strictest confidence.

Experience

With over 20 years of legal experience in British Columbia, we are able to overcome the following difficulties involved with workplace investigations:

• Anonymous complaints
• Complainants who change their account
• Complaints based on circumstantial evidence
• Complaints from multiple parties
• Complaints without third-party witnesses
• Conflicting evidence
• Historical allegations
• Public complaints
• Rumours in the workplace

We have investigated complaints of:

• Abuse of authority
• Bullying
• Collective agreement violations
• Conflicts of interest
• Discrimination
• Employee misconduct
• Employer policy breaches
• Financial impropriety
• Sexual harassment
• Statutory violations
• Toxic work environment

We have experience working with employers and unions from the following sectors:

• Advertising
• Aerospace
• Construction
• Education
• Finance
• Government
• Healthcare
• Information technology
• Manufacturing
• Marketing
• Mining
• Non-profit
• Police
• Professional services
• Property
• Retail
• Sports
• Telecommunications
• Transportation

Contact Neil Hain to discuss how we can assist with your workplace investigation. Neil Hain is based in Vancouver, BC.

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BY NEIL HAIN