Disputes among employees may arise at your workplace at any time. However, only proper investigations identify wrongdoings and protect your organization’s interests. Employers can easily make a well-informed decision objectively. But, improper workplace investigations may harm your reputation and cause legal risks. Although all investigations are unique, there should be some common principles to manage risks. So, you can consult the most reliable hr consulting services in Alberta to deal with the investigation process.
A workplace investigation process involves-
- Respondents who are alleged or accused of a wrong doing business
- Complainants who have submitted the complaint
- Investigator who determines the facts and works with the legal team or the HR representative
- Witnesses who know some important details of the event
You may need to consider investigations for different types of workplace problems.
- Violations of company policies
- Workplace fatalities and injuries
- Discrimination based on nationality, age, and other criteria
- Bullying and other types of harassment
Understand the concept of workplace investigations
Workplace investigations involve activities to find facts and collect evidence related to an alleged violation. It is challenging to make decisions or take any steps on workplace grievances without investigating the matter. As you do not want to take any unlawful action against any employee, you can consider a workplace investigation.
It is essential to maintain employees’ confidentiality during the investigation. However, broader confidentiality rules may prevent employees from discussing employment terms and conditions. Simultaneously, the investigator should conduct the investigation efficiently.
Now let us talk about the process of conducting a thorough workplace investigation.
Consider some pre-investigation activities
Before dealing with the main investigation method, there are some pre-investigation considerations.
What will you investigate?
Employers should determine the investigation scope and purpose-
- 5 Ws (What, Why, When, Who and Where)
- The way to present the findings
- Who will receive the investigation report?
- Who will help with further advice?
Engage the investigator
In most cases, an HR representative with someone from operations are assigned to a workplace investigation. Ensure, none of investigators are involved with the matter in any way. They must be able to act objectively and fairly to solve sensitive issues. The investigators must have some skills-
- Investigation ability without bias
- Strong interpersonal skills
- Prior investigative experience
- Knowledge about employment laws, human rights legislation and other relevant laws
Preparing for workplace investigation
The workplace investigator needs to draw up a comprehensive plan that includes
- Evidence sources
- Witness lists
- Workplace policies
- Investigation timeframe
- A brief about the significance of confidentiality
Another important thing to consider in the investigation is the suspension of the alleged employee (respondent) if required. However, suspension is not a disciplinary measure during the investigation.
Besides, the investigation team has to identify the potential sources to collect evidence. As every case is different, investigators must consider different facts and information.
Computer data, CCTV footage, and emails are some common sources to gather evidence. Moreover, investigators should consider the way to collect information.
Investigation Meeting
Investigators collect details from the complainant, respondent and witnesses. The complainant, respondent and witness may request to choose a companion (support member) when you hold a meeting on the issue. Don’t ask leading questions during the meeting.
In case the concerned employee cannot attend the meeting, your HR consultants will rearrange it. But, if the alleged employee is reluctant to attend, your HR team will make a decision based on the evidence.
Interview witnesses
A common investigation mistake is to pre-judge the investigation’s outcome before interviewing the witnesses. It is always essential to interview the witnesses and talk about the allegation.
If multiple people act as witnesses, the investigator can avoid the interview if there is no need for information.
Some employees at your workplace may be reluctant to give proof for a successful investigation. Investigators must identify the potential reasons for reticence. Besides, they have to assure employees that everything will be done confidentially. Still, they try to avoid anonymous witness statements.
Report the findings
A detailed investigation report has to include all the established facts and factors that need consideration. The best HR consultants know how to create a report by organizing the evidence (both contested and uncontested facts).
Report creation is important to communicate the findings to the concerned parties. You can take the right disciplinary measures and corrective actions.
The report needs to summarize
- The issues and incident (including the dates)
- The concerned parties
- Credibility and factual findings
- Employer policies
- The party accountable for the final determination
- Matters that cannot be settled resolved
After creating the report, investigators share it with the concerned parties and decision-makers. Some businesses provide guidelines for disclosing the investigation. If needed, investigators recommend actions based on the findings-
Formal steps- Corrective actions, policy modification, and further analysis
Informal actions- Counselling, mediation, warning, and training
Conclusion
An investigation process for workplace issues should be fair to avoid any conflicts. HR consultants allow you to review complaints submitted by your employees. Both parties will receive impartial guidance from HR specialists who act as the investigators. Investigators also recommend proactive measures and ensure satisfaction to your employees. They help you implement the right practices to develop a proper work environment. You can avoid legal complications and maintain a productive workplace.
