In my last blog, I wrote about the importance of investigators becoming case law experts; that is, reading cases to understand what courts and tribunals consider to be investigation flaws. Admittedly, it can be difficult to keep up with case law and find time to review cases in depth; there are never enough hours in the day.
As workplace investigators, we always think about the possibility of our work being legally scrutinized: either before a court, tribunal, or arbitrator. While we know that some cases carry greater risks than others, we know that the possibility of a legal challenge exists in every case.
Recently, my partners, Janice Rubin and Christine Thomlinson, and I presented Rubin Thomlinson’s “Top 10 Workplace Investigation Cases of 2024” webinar. We had a packed agenda and, as a result, we were unable to get to two cases that revisited two arbitral decisions that had been “top cases” in previous webinars.
When it comes to anonymity in workplace investigations, there are various facets. One of our partners, Liliane Gingras, recently wrote a blog about the risks of promising complainants a guarantee of anonymity throughout the investigative process. However, I would like to talk about situations where complaints are made by individuals who are completely unknown to the employer.
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