Upcoming Webinar: February 29, 2024 @ 12:30 P.M. (EST)  | What is the Board’s Role in Overseeing Workplace Culture Register Today!

Serious insight for serious situations.

Serious insight for serious situations.

Investigating counter-complaints: A roadmap

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.

Read More

Feuille de route sur comment enquêter les plaintes reconventionnelles

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.

Read More

We believe you  . . .  Sometimes

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.

Read More

Innocent chatter or collusion? Addressing both in workplace investigations

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.

Read More

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

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.

Read More

Representative or witness? Be certain before you proceed

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.

Read More