Workplace Investigations: Ensuring a Safe and Respectful Workplace
As an employer, it is your responsibility to provide a safe and respectful workplace for your employees. Employers have the duty to investigate complaints and situations that may warrant an investigation not only when they receive those complaints, but when they suspect bullying, harassment, or any other reason warranting a workplace investigation. Situations that may warrant an investigation can often be found contravening the Employment Standards Act.
At Achkar Law, we understand the importance of workplace investigations, our employment lawyers can assist you proactively to ensure that proper policies and complaint procedures are in place to address these issues efficiently and effectively.
Why are Workplace Investigations Important?
Workplace investigations are vital for several reasons. They help to identify and address any incidents of misconduct, bullying, or harassment that may be occurring in the workplace. Investigations help to protect the rights of employees and ensure a safe and respectful workplace. Additionally, they help to prevent any legal or financial consequences that may arise due to non-compliance with employment standards.
When a Complaint or Misconduct is Reported
It is crucial to act promptly and initiate an investigation. Our team can provide neutral third-party investigators to ensure a fair and objective process. We ensure that all parties involved have the opportunity to respond to allegations made against them, and we document the entire process.
A thorough workplace investigation not only uncovers the facts surrounding an incident but also helps determine if a crime has occurred or if a violation of company policy has taken place. Our employment lawyers can provide legal analysis throughout the investigation to help you make informed decisions.
When the investigation is complete, it is important to seek legal advice to address any potential legal issues and ensure that your business is protected. Our lawyers can guide you through this process, helping you maintain orderly business operations while minimizing any legal risk.
Types of Complaints
We specialize in conducting high-stakes, high-profile workplace investigations into a wide range of complaints, including:
- Sexual harassment
- Sexual violence
- Hostile work environments
- Bullying and psychological harassment
- Policy breaches
- Statutory violations
- Racial harassment and workplace discrimination
- Code of conduct violations and other employee misconduct
- Systemic discrimination
- Abuse of authority
- Whistleblower reports
- Conflict of interest
- Financial impropriety
- Academic misconduct
Our expertise also includes conducting workplace violence and harassment investigations under the Canada Labour Code. We have a team of experienced investigators who are skilled at handling complex and sensitive investigations, and we use a thorough and impartial process to ensure that all relevant evidence is gathered and analyzed.
At our firm, we understand the importance of maintaining confidentiality and sensitivity during investigations. We work closely with our clients to ensure that their concerns are addressed in a professional and discreet manner. Our goal is to provide our clients with the information they need to make informed decisions and take appropriate action.
Workplace Investigation Training Programs
Achkar Law offers a comprehensive range of workplace investigation training courses, designed to equip HR, managers, and internal counsel with the knowledge and skills to effectively address complaints of workplace sexual harassment, bullying, misconduct, and other types of workplace issues. Our training courses cover a wide range of topics, including how to conduct thorough and impartial investigations, how to handle sensitive and complex workplace issues, and how to develop effective policies and procedures to prevent workplace misconduct.
The Steps Involved in a Workplace Investigation
At our firm, we follow a structured approach to workplace investigations. The steps involved are as follows:
Receiving the Complaint
We ensure that your employees have clear policies and procedures in place to report incidents of misconduct, bullying, or harassment. We take all complaints seriously, even if they are anonymous.
Initiate the Investigation
We initiate the investigation promptly, with a clear plan and timeline for the investigation to ensure it is conducted efficiently and thoroughly.
We gather witness statements, review relevant documents, and analyze any physical evidence. We maintain confidentiality during the investigation and ensure that all parties involved are treated fairly.
Analyze the Evidence
We analyze all the evidence collected to determine the facts of the case. This involves assessing the credibility of witnesses and determining whether any policies or laws have been violated.
Based on the evidence collected, we make findings and determine whether the allegations are substantiated or not.
Communicate the Results
We communicate the results of the investigation to all parties involved, including the complainant, respondent, and any relevant management personnel. We ensure that We ensure that appropriate actions are taken based on the findings.
How Achkar Law Can Help You
At our firm, we have a team of experienced employment lawyers who can assist you in conducting workplace investigations. We can help you develop clear policies and procedures, provide neutral third-party investigators, and guide you through the investigation process. Our lawyers can also provide legal analysis throughout the investigation and help you address any legal issues that may arise. We are committed to helping employers create a safe and respectful workplace for all employees.
To learn more about how we can assist you in conducting effective workplace investigations, call (800) 771-7882, email [email protected], or fill out the form below