A Practical Guide for HR Managers and Directors
Before initiating or delegating a workplace investigation, conduct a thorough readiness assessment. This checklist helps evaluate allegations, flag potential challenges, and ensure a robust and defensible investigation.
Complaint and Mandate Assessment
- Formal Complaint: Is there a formal, written complaint?
If no: Obtain or assist in preparing a formal written complaint. - Threshold Question: If true, does the complaint constitute a breach of policy or legislation?
If no: Consider alternative resolutions. - Complaint Detail: Is the alleged misconduct sufficiently detailed to enable a proper response?
If no: Clarify allegations with the complainant. - Obligation to Investigate: Is there a policy or legal obligation to investigate?
If yes: Confirm procedural obligations and timelines. - Alternative Resolution: Could mediation or coaching adequately address the issue?
If yes: Explore alternatives before proceeding. - Scope: Is the investigation’s scope clearly defined (specific allegations, timeframe, applicable policies)?
If no: Define and document the scope explicitly. - Parties Identified: Are complainant and respondent clearly identified?
If no: Confirm identities and roles before initiating. - New Allegations: Is there a documented process for managing new allegations?
If no: Develop guidelines for handling new issues.
Initial Assessment
- Previous Attempts: Have previous resolution efforts occurred?
If yes: Document attempts for context. - Disputed Facts: Are facts in dispute?
If yes: Prepare for thorough credibility assessments.
Policy and Legislative Review
- Policies & Legislation: Have relevant policies and legislation been reviewed thoroughly?
If no: Complete a comprehensive review. - Procedural Requirements: Do policies specify procedural requirements or timelines?
If yes: Document these clearly for compliance.
Investigator Selection
- Investigator Suitability: Could an internal investigation be perceived as biased or lack necessary expertise, posing significant risks?
If yes: Consider an external investigator.
Communications Preparedness
- Confidentiality: Does your notification clearly state confidentiality expectations?
If no: Revise communication templates. - Interim Measures: Have necessary interim measures been coordinated?
If yes: Confirm measures with stakeholders. - Organizational Resources: Do you have necessary organizational resources ready (contacts, charts, schedules)?
If no: Gather and organize resources.
Evidence and Witness Management
- Initial Evidence: Has preliminary evidence been secured?
If no: Request and gather initial evidence promptly. - Witness Identification: Are direct witnesses clearly identified and prioritized?
If no: Clearly identify and prioritize witnesses. - Witness Impartiality: Could investigation administrators also be witnesses?
If yes: Arrange alternative staffing for impartiality.
Assessment Summary
Upon completing this checklist, carefully evaluate:
- Areas fully prepared.
- Areas needing additional clarification or actions.
- Identified risks requiring mitigation.
About Certitude Workplace Investigations
Certitude Workplace Investigations is a trusted provider of professional, legally defensible workplace investigations. Our experienced investigators offer specialized expertise to navigate sensitive workplace situations effectively and impartially.
Website: www.certitudegroup.ca
Contact: info@certitudegroup.ca | 1-888-270-1437