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.
What Initiates a Workplace Investigation?
It is crucial to act promptly and initiate an investigation. Our team can provide neutral third-party workplace 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 Requiring Workplace Investigations
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
- Incivility
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 workplace 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 workplace 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.
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.
Collect Evidence
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.
Make Findings
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.
