In our last blog, we explored what employers
can expect from a workplace investigator during the
"investigation" stage, up until the point where an
investigative report is prepared and delivered to the employer.
In this week's blog, we will explore what happens in the
"post-investigation" stage, particularly with respect to
the next steps after receipt of the investigator's report.
As noted in our last blog, an employer can expect an
investigator's report to contain a detailed overview of the
investigator's findings of fact, as well as their analysis with
respect to whether those findings support a breach of the
applicable policies and/or legislation.
In this regard, the report should clearly set out whether the
investigator found the complaint to be substantiated,
unsubstantiated, or, in very rare cases, made in bad faith
(i.e., the complainant knew the allegations were untrue and did so
with an ulterior, usually malicious motive).
