Workplace Investigations - Part 3

In earlier posts, here and here, we discussed some legal issues that arise in workplace investigations. In this post, we will discuss some of the privacy issues that can arise.

The investigator is often asked by nervous employees whether their identity and the information they give will be kept confidential. This cannot be guaranteed.  Employees being interviewed should be made to understand that the information they give may be disclosed, in whole or in part, to other parties in an investigation as necessary.

It may not be necessary to share the identity of witnesses with other parties when, for example, general processes or practises in the workplace are being discussed. However, when exploring motive, relationships and other factors, especially when credibility is key, the identity and evidence of specific witnesses may need to be shared. Parties to the complaint or other witnesses with different evidence may be required to speak to the motive