Most jurisdictions whether through Human Rights or Occupational Health & Safety legislation have placed strict obligations on employers to educate employees and to respond formally to complaints of harassment, sexual harassment, workplace violence or bullying in a timely fashion.
Objectivity within the process is essential and we will step in to assume that role along with recommendations if requested. The process is as follows.
- The investigator will ensure the investigation is kept confidential and identifying information is not disclosed unless necessary to conduct the investigation. The investigator will remind the parties of this confidentiality obligation at the beginning of the investigation.
- The investigator will thoroughly interview the employee who allegedly experienced the workplace harassment and the alleged harasser(s) if the alleged harasser is an employee of the organization. If the alleged harasser is not an employee, the investigator will make reasonable efforts to interview the alleged harasser.
- The alleged harasser(s) will be given the opportunity to respond to the specific allegations raised by the employee. In some circumstances, the employee who allegedly experienced the workplace harassment will be given a reasonable opportunity to reply.
- The investigator will interview any relevant witnesses employed by the organization who may be identified by either the employee who allegedly experienced the workplace harassment, the alleged harasser(s) or as necessary to conduct a thorough investigation. The investigator will make reasonable efforts to interview any relevant witnesses who are not employed by the organization if there are any identified.
- The investigator will collect and review any relevant documents.
- The investigator will take appropriate notes and statements during interviews with the employee who allegedly experienced workplace harassment, the alleged harasser and any witnesses.
- The investigator will prepare a written report summarizing the steps taken during the investigation, the complaint, the allegations of the employee who allegedly experienced the workplace harassment, the response from the alleged harasser, the evidence of any witnesses, and the evidence gathered. The report will set out findings of fact and come to a conclusion about whether workplace harassment was found or not.