Privacy And Confidentiality Of Workplace Investigations

Privacy and confidentiality are critical elements to a workplace investigation. Without the protection of privacy, complainants may hesitate to come forward and participants may hold back on what they choose to disclose, which will impact the effectiveness of an investigation, or even frustrate its purpose altogether.

At the same time, for a workplace investigation to proceed in an equitable manner, privacy and confidentiality are not absolute.

Here lies the tension between due process and privacy/confidentiality, and workplace investigators must strike a delicate balance. This blog post will review three issues to consider in striving to achieve this balance.

LEGISLATIVE REQUIREMENTS