How does an investigation begin?

Taking action against workplace harassment, discrimination or retaliation doesn’t have to end with filing a complaint – there are other ways you can achieve resolution.

Employers are required to conduct investigations for any potential cases of harassment, discrimination or retaliation that arise. This legislation serves as a protection from such experiences and usually leads to heightened awareness in the workplace; however this often brings about an unexpected sense of distress if it was not initiated by the affected individual. In some instances, these mandated investigations can be perceived as violates of trust between employer and employee which only adds further strain on those involved. Often times individuals find that being part of said investigation is more difficult than their initial experience with mistreatment making it all but inevitable for added stressors to occur during already trying situations.

Experienced professionals can take administrative action if a co-worker voices concerns about workplace harassment. An internal investigation will be launched to address any reports, helping ensure that all employees feel safe and valued in their environment.

THE RESEARCH PROCESS

Who performs investigations?

In larger companies and organisations, Human Resources is typically responsible for delivering thorough investigations. Smaller businesses might instead opt for external or internal audits conducted by outside consultants such as lawyers, or even be handled internally through senior management and board members.

Investigators may have the best intentions of protecting privacy; however, in order to ensure a Thorough and unbiased investigation into reports of harassment, all relevant parties must be consulted accordingly. Therefore, it is possible that any information reported regarding your experience could potentially be shared – either partially or completely – with individuals involved as witnesses in this matter including those who are specifically accused.

What is the typical length of an investigation?

Time is of the essence when it comes to investigations in cases involving workplace harassment, with an ideal completion time frame no more than two weeks. This quick resolution allows both those affected and their employer to move forward as quickly as possible.

In reality, the amount of time they last can vary depending on factors like:

1. To thoroughly investigate, investigators may need to allocate a generous amount of time and resources. In some cases, this could require external professionals divided between different clients.
2. The gravity of the case dictates how long it takes to bring a thorough investigation to conclusion – and multiple points-of-interest only serve to lengthen this process.

Those intimately involved in any investigation are often only privy to the end-result – which is unfortunately “inconclusive” more times than not. Establishing a case for harassment can be quite challenging, despite best efforts and intent by all parties.

Employers should launch a prompt, impartial investigation whenever they receive hints of sexual or other forms of harassment in the workspace. Adopting this practice will help maintain an environment free from such harm and eliminate any chances for its recurrence. Here are some helpful pointers to ensure accurate investigations:

• Treat all complaints seriously.

It’s critical to foster an environment where it is easy and safe for employees to express their concerns. Ensuring there are various methods of communication, such as discussing issues with supervisors or HR personnel, can help keep small matters from escalating into larger problems. Taking all complaints seriously will create a positive atmosphere at the workplace in which people feel listened-to and valued.

• Initiate an immediate enquiry.

Ensure that any examination is promptly initiated and judiciously conducted, with an unbiased view to the situation at hand. When necessary or beneficial for thoroughness of results, enlisting a third-party expert may be essential – preferably one with past experience conducting investigations such as these. To maintain impartiality throughout the process, it’s suggested two investigators perform interviews together in order to provide witness back up where required.

• Maintain confidentiality whenever you can.

Ensure the investigation is kept under wraps with effective measures. When discussing confidentiality, it’s important to note that complete secrecy cannot always be guaranteed due to potential legal constraints. Confidentiality should be maintained as much as possible in order for a full-scale enquiry and only those individuals necessary will have access to relevant information concerning their duties.

• Put together an investigative report.

Protect essential information related to the investigation process – interviews, communications with parties involved, witness statements and more – by creating a secure file. Keep this separate from personnel records as confidential data deserves additional protection. Take it one step further and ensure all steps in the investigative journey are documented for accurate record keeping that can be used both now or down the road if ever needed again.

• Implement measures to avoid retaliation.

From the outset of any investigation into a workplace complaint, ensure that all employees are knowledgeable about policies protecting them from retaliation for participation. By taking this proactive measure, we can cultivate an environment where workers feel safe to voice their concerns without fear.

• Be ready to interview the relevant people.

To get to the bottom of an investigation, a list of questions must be formed and used during interviews with each party involved – complainant, witnesses and accused. It is essential for these private conversations to only contain two people; one conducting the interview and another observing as a witness. Similarly important is never making any presumptions until all relevant data has been collected – not even when inconsistencies are found or potential leads arise! Make sure you write down any details that may need more explanation in order to come up with solid conclusions later on.

• Speak with the complainant in an interview.

As you get to the bottom of what happened, delve into details with your complainant; ask questions about who was involved, when it went down and how they’ve been affected.

• Talk to witnesses.

Our organisation is committed to ensuring that witnesses can safely and securely provide essential information for investigations without fear of retribution. To uphold this standard, we take the precautionary step of interviewing each witness one-on-one.

• Question the suspect.

An impartial investigation is underway to evaluate the allegations presented against an individual. They will be provided with a platform to explain their side of events, and any witnesses or proof that support it should also be considered. All grievances made by the complainant are being addressed for thorough examination; every effort must be taken to ensure each assertion has been responded to before determining validity of these claims.

• Collect data.

To ensure a successful resolution to any dispute, it’s vital that all pertinent business records are safeguarded. This includes both paper and electronic documents in case of potential legal action – think emails, instant messages or video surveillance for starters! Consult with legal counsel as soon as possible so you can be sure proper holds have been placed on the data and documentation involved; this way your official record will remain intact until proceedings conclude.

• Assess trustworthiness.

To ensure fair resolution of harassment complaints, guidelines are established and implemented to evaluate both parties’ statements for accuracy, alongside any evidence that might dispute them. All applicable factors will be taken into account during the assessment process.

• Make the report ready.

The investigation report must outline a timeline of events, those present at the incident, and all relevant facts. Evidence should then be presented to draw conclusions about what may have happened while providing insights into preventing this problem in future scenarios.

• Act to fix the problem.

If inappropriate conduct is unearthed, the company must take action to address and resolve it. Measures should be tailored to each situation in order to ensure that any future transgression of this kind is avoided or prevented.

• Stay in touch.

Both parties should be kept abreast of the investigation findings and any immediate steps required. It’s vital to communicate that their complaint was heard, even if outcomes don’t meet expectations; offering reassurance will help create a sense of trust in your organisation while also deterring repeat misconduct behaviour. Lastly, designate a time period for follow-up contact with the complainant to ensure resolution has been achieved successfully.

LAST NOTIFICATIONS

It is okay to feel upset. Your reaction, no matter what it may be, isn’t wrong when faced with unwelcome harassment–only you can decide how to proceed in finding resolution and healing for yourself. While such investigations need careful consideration due to their sensitive nature, consulting appropriate legal advice may help ensure the process goes smoothly.