Witnesses Archives - Rubin Thomlinson

Why reply? Reflecting on the significance of reply interviews in a workplace investigation

September 5, 2024 | By Elizabeth Bingham

As a workplace investigator and a team lead for a group of fellow RT investigators, I spend a fair amount of time thinking about reply interviews. Anyone who has conducted an investigation themselves or reviewed an investigator’s report can probably appreciate why: the reply or follow-up interview is a place where the need to balance the fairness, neutrality, thoroughness, and confidentiality of the investigation really comes into focus.

Investigating counter-complaints: A roadmap

July 31, 2023 | By Alexandra Djagba Oli

So, you found yourself dealing with what appears to be a counter-complaint in the investigation you are conducting. Before embarking on this bend in the road, the first step, and likely the most obvious, is to confirm what you are dealing with and whether it affects your mandate.

Feuille de route sur comment enquêter les plaintes reconventionnelles

July 31, 2023 | By Alexandra Djagba Oli

Ainsi, vous retrouvez face à ce qui semble être une plainte reconventionnelle (« a counter-complaint » en anglais) dans l’enquête que vous conduisez. Avant d’aborder ce nouveau virage, la première étape, et probablement la plus évidente, est de confirmer ce à quoi vous avez faire et si cela affecte votre mandat.

We believe you . . . Sometimes

May 24, 2023 | By Bruce Best

The assessment of credibility and reliability is always a central part of an investigator’s work. My colleague, Chantel Levy, wrote an excellent overview of the considerations a decision maker should bear in mind when making a finding of credibility, including consistency, corroborative evidence, plausibility, and motive.

You got this: How workplace investigators handle interview anxiety

October 18, 2022 | By Alison Griggs

Interviewing parties and witnesses for workplace investigations is one of the most interesting parts of being a workplace investigator. Interviews can also be one of the most challenging aspects of workplace investigations, and as a result, can also be anxiety-inducing.

Innocent chatter or collusion? Addressing both in workplace investigations

September 13, 2022

In a workplace investigation, a corroborating witness is a person whose evidence supports or confirms the evidence of another witness, including a complainant or respondent. Given that people’s memories naturally fade over time, minor inconsistencies between witness accounts are often not significant and, in many cases, to be expected.

Two times a charm: Why we conduct follow-up interviews in our workplace investigations

May 25, 2022 | By Heather Shields

I recently conducted a workplace investigation that included an allegation that an internal workplace investigation was unfair. Several witnesses who were interviewed as part of the internal investigation had provided evidence that was favourable to the complainant, but neither party to the internal investigation was provided with an opportunity to respond to this witness evidence in a follow-up interview.

Representative or witness? Be certain before you proceed

February 22, 2022 | By Heather Shields

As workplace investigators, we regularly conduct interviews where the interviewee is accompanied by a representative from their union or association. Many collective agreements have provisions that allow employees to have their representative present during any interviews that are conducted as part of a workplace investigation, regardless of whether the employee participates as a party to the investigation or as a witness.

Serious insight for serious situations.