Recently, while drafting an investigation report in French, I surprisingly struggled to find an appropriate way to translate “counter-complaint.” In the context of civil litigation, in French, a counterclaim is “une demande reconventionnelle,” but a quick internet search also suggests terms such as “contre-plainte” or “contre-recours.”
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.
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.
As external investigators, our investigation ends with the delivery of a written report to our client. These reports always include findings of fact, and an analysis of those findings to determine whether there has been a breach of a policy and/or legislation. Sometimes, our clients will also ask that a report include recommendations for next steps.
A lot of work goes into producing an investigation report that is well-written and well-reasoned. But the finished product is more than just a set of words—it is also a visual experience for the reader. While visual elements such as white space and word font certainly enhance readability, in this blog post I focus on the communicative power of visual aids (images, tables, charts, etc.) and provide some best practices for including them in investigation reports.
A new draft report hits my inbox, waiting for my review. As I click to open the document, I’m immediately curious about the particular situation our investigator faced. Every report is, in a sense, a new story.
In my role as review counsel at Rubin Thomlinson LLP, I review the workplace investigation reports that are prepared by the firm’s investigators to ensure that they are legal defensible. Clients also ask that I do the same for reports that they have prepared internally.
How many of you can relate to that feeling of relief and maybe even joy when you are “oh so close” to completing a task. As a workplace investigator, I can definitely relate. In my experience, it is a great feeling knowing that I am close to placing a checkmark beside an investigation and moving that investigation file to the “closed” section of my files.