Do you need an investigation?
Employers have a duty to provide a safe and harassment-free workplace.
But that doesn't mean a formal investigation is required whenever a complaint of harassment or bullying is received. Investigations are resource intensive and hard on people; they are only necessary in certain circumstances.
Let's discuss your options before you decide.
Assessment vs Investigation
~ What's the difference?
The typical objective of an investigation is to determine whether an individual's (or group of individuals') conduct constitutes misconduct on a balance of probabilities. The scope of inquiry is confined to the specific allegations raised. A thorough and impartial investigation report can help establish that the Employer has met its legal obligations in subsequent adjudication.
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Assessments, by contrast, have many potential uses, but are not generally relied on as evidence in a legal proceeding. An assessment's scope of inquiry is broad (i.e. - participants may speak to any topics they deem most important) and no findings of fact are made (i.e. - we are not ascertaining the "probable truth", but gathering anonymized data, including participants' perceptions and opinions). Assessments may uncover systemic issues, whereas investigations usually focus on complaints about individuals.
Assessments can help employers better understand workplace dynamics, organizational culture and expose "soft spots" in the organization's structure and operations. Central to an assessment report are its recommendations, which could include suggestions relating to policy development and implementation, tweaks to the organizational structure, operational improvements, team-building, leadership coaching, relational repair work, and/or education and training. ​​​​​​
Internal or External Investigation?
We're happy to talk it through with you.
There are several factors to consider when deciding whether an investigation should be conducted in-house or externally.
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An external investigation may be advisable where:
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the factual and/or legal issues to be decided are complex
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the potential for future litigation (e.g. - grievance, human rights complaint, civil action) is high
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there is significant risk to the organization's reputation
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the Respondent is a senior leader and/or public figure
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your organization does not have the immediate capacity to conduct a time-sensitive investigation
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your organization does not have a trained investigator on staff who will also be seen to be impartial/independent
Consider R&B when the issues are
complex or sensitive
Sometimes the "standard procedure" doesn't meet the needs of specific situations or individuals. ​
We enjoy working with employers to craft context-sensitive responses that honour both human dignity and the best interests of the organization.
Executive Leadership
& Governance
When allegations implicate senior leaders or cut across oversight & operations structures within the organization, additional considerations such as public relations and institutional credibility must be factored into the employer's response.
When the parties have intersecting identities, the analysis of harassment and discrimination must account for the compounding effects of that intersectionality.
Alleged conflict and harms within and between members of equity-deserving groups is particularly tender and perilous terrain. Let us help you develop a culturally-competent response.