When you need a workplace investigation
A complaint has landed and it needs to be handled properly. Common situations include:
- An employee reports bullying or harassment by a coworker or manager.
- A complaint of discrimination on a ground protected by the BC Human Rights Code.
- Allegations of misconduct such as theft, a safety breach or a serious policy violation.
- A complaint involving an owner or senior manager, where an internal investigation would not be seen as neutral.
- Several related complaints that point to a wider problem on a team.
Your obligations as a BC employer
WorkSafeBC requires employers to have a bullying and harassment policy, along with procedures for reporting incidents and for how complaints will be dealt with and investigated. When a complaint comes in, you are expected to follow those procedures and deal with it fairly and promptly.
A rushed or one sided investigation can make things worse. It can lead to WorkSafeBC orders, human rights complaints, grievances or wrongful dismissal claims, and it damages trust with the rest of your team.
Why use an independent investigator
When the investigator has no stake in the outcome, the findings carry more weight with employees, unions and any outside body that later reviews them. It also means your managers are not put in the position of investigating people they work with every day.
How the investigation works
- Intake and planning. Keith reviews the complaint, confirms the scope, identifies witnesses and documents, and advises on any interim measures needed to protect the people involved.
- Interviews. The complainant, the respondent and witnesses are interviewed. The respondent hears the allegations and has a full chance to respond, which is central to a fair process.
- Evidence review. Emails, messages, schedules, records and any other relevant material are reviewed alongside the interviews.
- Findings. Each allegation is assessed on the evidence, and the findings explain clearly how each conclusion was reached.
- Report and next steps. You receive a written report with findings and recommendations, plus guidance on communicating the outcome and repairing the working environment.
Investigations in unionized workplaces
In a unionized workplace the collective agreement may set out procedures and timelines for investigations and discipline, and employees are often entitled to union representation in interviews. Keith has led HR in unionized environments and builds those requirements into the investigation plan from the start. Learn more about labour relations support.
