I have been an adjudicator for four different administrative tribunals over the course of more than 20 years. This experience has served me well since I have found that many adjudicative skills are transferable to investigations.
In the normal course of a workplace investigation, the investigator interviews the parties and the witnesses, obtains relevant documents, conducts follow-up interviews where needed, and then drafts a report using the evidence gathered.
Most workplace investigations are not subject to independent review; though they may be considered by a court or tribunal, this would usually be in the context of a separate legal proceeding, e.g., a wrongful dismissal action or a human rights case. Certain investigations, however, may include the exercise of a statutory power of decision, which may give a party a right to pursue a judicial review to challenge the conclusions reached. In such a case, the court may directly address issues such as fairness and the reasonableness of the decision reached in the course of an investigation.