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Workplace Investigations

Workplace Investigations Are Necessary in Many Circumstances

This can include:

We work with organizations to conduct quick and effective workplace investigations. We can also provide supervision and support for internal investigations.

Each situation is unique and requires a context-specific approach to the investigation.

Most Workplace Investigations Involve the Following Steps:

1. Preliminary Complaint Review

The first step in an investigation is to review the complaint and any relevant policies. We also take steps to preserve confidentiality as much as possible for the benefit of all involved. After the initial review, we will tell you if we believe an investigation is necessary. If it is, we will also make recommendations about how to proceed. This may include changing reporting relationships, relocating workspaces, or implementing temporary suspensions while the investigation is ongoing.

2. Information Gathering

We will interview the complainant, the respondent and other relevant witnesses. After the interviews, we may ask for additional documents or records relevant to the complaint.

3. Investigation Report

The investigator will prepare a report that outlines the evidence gathered, assesses the credibility of the witnesses, and gives an opinion on the complaint’s legitimacy. We will also make recommendations for how the complaint can be resolved and give advice for managing any potential legal exposure.

4. Follow-up

We will work with your organization to answer any remaining questions and help implement the resolutions you decide best serve your needs.

Once the investigation is over, we may recommend other steps to resolve outstanding issues. While discipline can help discourage misconduct; mediation, coaching and training may also be necessary to help restore trust and productivity in the workplace.

We Will Work With You

Others way we can assist with investigations include:

  • communicating with the complainant or respondent’s legal counsel
  • working with Boards of Directors to investigate senior leadership
  • conducting team investigations in complex situations involving a large number of individuals.

The cost of investigations will vary depending on the seriousness of the allegations, the number of witnesses interviewed, and the number of records to be reviewed.

All lawyers in our Workplace Investigation team have experience conducting and supervising investigations, providing advice in complex legal situations, and ensuring the best liability protection.

Joseph Oppenheim in the Canadian HR Reporter – Dishonesty in Workplace Investigation

Carbert Waite LLP Partner and Employment Lawyer, Joseph Oppenheim, made a recent contribution to the Canadian HR Reporter. In the article titled “Failing to report incident, dishonesty in investigation provide just cause to dismiss worker” Joseph discusses an Alberta Labour Relations Board ruling where an oil sands enterprise in Alberta was determined justified in dismissing […]

The Challenges of Workplace Investigations Into Employee Misconduct

Author: Kate Perala A recent arbitration between the City of Calgary and one of their employees demonstrates the challenges in navigating work place investigations and the consequences of employee’s abusing sick leave policy. The City of Calgary regularly lays off seasonal workers in the fall and recalls them in the spring to maintain the City’s […]