How to Conduct a Bullet Proof Harassment Investigation includes Who Should Investigate?, Develop the Procedural Script, Develop the Substantive Script, Interview the Respondent and Witnesses, Draft the Report and How to Document?
3. When and Why Investigate?
• Courts, arbitrators and tribunals recognize that allegations of
harassment or serious misconduct have significant impact on
employee and that employees have a right to hear and
respond to allegations against them before a decision that will
have significant impact on their employment is made.
• Adjudicators impose an obligation on the employer to conduct
a fair and effective workplace investigation.
• There is potential liability if an employer either fails to conduct
a workplace investigation or botches the investigation.
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8. Develop the Procedural Script
• Complaint filed
• Authority for investigation
• Allegations taken seriously, full cooperation expected and
required
• Outline process for collective evidence
• Deal with recording and/or representation issues
• Cover importance of confidentiality, respect for integrity of
process, no reprisals
• Warn as to consequences of interference and retaliation
• Address timeline and temporary measures, if any
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10. Interview the Respondent and Witnesses
• Inquire with respect to all material allegations, with
particulars, but do not provide the complaint itself
• Encourage any questions or clarifications
• Document the response: witness statement signed and dated;
address concerns for corrections / changing evidence vs.
clarifications
• Inquire as to witnesses
• Repeat warnings regarding confidentiality and non‐
interference
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