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The first step in any new investigation is to review the workplace harassment policy. As both an investigator and someone who has written workplace harassment policies, I sometimes find myself sighing deeply as I conduct this review, knowing that some parts of the policy are going to make the investigation process harder – not only for me, but for the parties and the employer as well.
There is no question that workplace investigations are disruptive and difficult for the parties involved. Sometimes parties are removed from the workplace or their duties are modified. Complainants and respondents are often concerned about damage to their reputations and their careers once it is known that a complaint has been made, and that an investigation is being conducted.
Most people never think that one day they’ll have to recount for an investigator every time a colleague rolled his eyes or responded sarcastically to a question. However, a recent case from the Alberta Court of Appeal, MacLeod v. Alberta College of Social Workers, illustrates just how important the specifics are.
Reporting Findings of an Investigation to a Complainant – What is Required?
Workplace investigations and workplace accommodations are two distinct procedures. The former is a fact-finding process that occurs in response to a complaint or incident of harassment. The latter is a procedure by which an employer and an employee work together to accommodate an employee’s limitations as a result of an injury, illness or disability. But when the accommodation relates to an illness that has an impact on an employee’s interpersonal behaviour, such as a mental illness, these two distinct procedures may intersect.
Workplace investigations sometimes take more twists and turns than a Gillian Flynn novel.1 In the early stages of an investigation, it’s often impossible to say what information is going to be critical to the investigator’s decision-making process. What seemed at first like an innocuous, offhand comment from a complainant could end up cementing, or tarnishing,
Special note to Ontario and BC readers: If this subject is of interest to you, you may wish attend one of our related workshops. Some spots are still open for the following sessions – we recommend registering soon. We hope to see you there. Conducting Workplace Assessments – June 20, 2018 in Toronto, ON Learn how
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