Workplace Investigations

An employer's decision to respond to an employee complaint with a fair, thorough, and well-conducted workplace investigation is critical in ensuring that any decision made with respect to that complaint is well reasoned and justifiable.

The choice of the investigator and conduct of the investigation play critical roles in protecting an employer from liability in subsequent legal or human rights proceedings. A recent Saskatchewan Labour Relations Board decision highlights the importance of ensuring that workplace investigations are well conducted by a respected and thorough investigator.

Considerations when conducting workplace investigations

Employers often conduct an informal "ad hoc" internal investigation in response to an employee complaint. While this may be appropriate when the complaint is minor and relates to an isolated incident, investigations relating to allegations of serious misconduct warrant the involvement of an impartial external investigator.