Typically, there are certain steps that should be followed during the course of a workplace investigation. This is to ensure that we perform an investigation that is consistent with an employer’s obligation to conduct an appropriate investigation in the circumstances.
First, we will ensure that we receive a clear mandate from you at our first meeting. This will highlight what we are retained to do, which may include making findings of fact, making conclusions of wrongdoing, and/or making recommendations.
Second, we will meet with the complainant to discuss the details surrounding the complaint. If possible, we will then meet with the respondent to provide them with an opportunity to respond and provide their version of events.
Third, we will interview any witnesses that have been identified by the parties and may be able to provide additional context or information. We will also review any documentary evidence that has been provided.
If we feel it necessary, we will then meet quickly with the complainant again to allow them to respond to any issues that they had not initially raised or any inconsistencies in their narrative. The respondent may also be given this opportunity.
Finally, we will review all the evidence obtained and prepare our final report containing the items required by our mandate. It is important to note that throughout the entire process confidentiality is strictly maintained and witnesses are asked not to share conversations or that they were asked to participate.
– Nicolas Guevara-Mann, Associate Lawyer