From Case To Practice:When Must Workplace Investigators Disclose Documents From Their File?

When I first started doing workplace investigations, I don’t think it ever crossed my mind that someone might someday get to see the notes I took in interviews, or anything else in my investigation file. Over time, this began to be discussed as a risk, and it certainly made me more thoughtful about what I recorded in connection with my investigation work. Today, the chance that a workplace investigator will be required to produce some of their written investigation materials has increased significantly. The question is what an investigator might be required to produce and in what circumstances.

A recent decision from the British Columbia Human Rights Tribunal (“BCHRT”) shows us that there are things that every investigator – and organization that retains them – should keep in mind regarding possible disclosure of contents of the investigation file.