Introduction:

Welcome back to the blog series by 308 Consulting & Strategy Group Inc., where we explore the critical topic of workplace investigations. I’m Blaine Lucas, the President & CEO, and today we’ll dive into the legal considerations and steps involved in conducting workplace investigations related to harassment. Join me as we navigate the complex terrain of addressing harassment allegations within the Canadian legal framework.

Section 1: Legal Framework for Workplace Investigations

In Canada, workplace investigations are governed by various laws and regulations at the federal, provincial, and territorial levels. Understanding the legal framework is crucial for conducting investigations in a fair and compliant manner.

• Canadian Human Rights Act (CHRA): The CHRA is a federal legislation that prohibits discrimination and harassment based on protected grounds, such as race, color, religion, sex, sexual orientation, gender identity, age, and disability. It sets out the responsibilities of employers to provide a harassment-free workplace and the rights of employees to be free from harassment.
• Provincial and territorial legislation: Each province and territory in Canada has its own human rights legislation that complements the CHRA and provides additional protections. These laws may vary in terms of protected grounds, enforcement mechanisms, and procedures for workplace investigations.

Section 2: Planning and Preparation for Investigations

Effective planning and preparation are essential for conducting workplace investigations. By establishing a clear plan, organizations can ensure a thorough and objective process.

• Scope and objectives: Before initiating an investigation, it is important to define the scope and objectives. This includes identifying the specific allegations, determining the timeline of the incidents, and clarifying the desired outcomes of the investigation.
• Impartial investigator selection: Selecting an impartial investigator is crucial to maintain the integrity of the investigation. The investigator should be unbiased, have relevant experience and knowledge of the legal framework, and demonstrate professionalism and confidentiality.
• Investigation plan development: Developing a detailed investigation plan helps guide the process. This includes identifying potent methods and, determining the order of interviews, outlining the evidence-gathering methods, and establishing timelines for completion.

 Section 3: Conducting the Investigation

Conducting a thorough and unbiased investigation is vital to gather relevant information and make informed decisions. This section covers key considerations during the investigation process.

• Witness interviews: When conducting interviews, the investigator should create a comfortable and confidential environment for witnesses to share their experiences. It is important to use open-ended questions, actively listen, and avoid leading or suggestive questioning techniques.
• Evidence collection and preservation: Collecting and preserving evidence is crucial for substantiating allegations and ensuring a fair investigation. This includes gathering relevant documents, emails, text messages, CCTV footage, or any other materials that support or refute the claims. Maintaining a chain of custody for the evidence is essential to ensure its admissibility.
• Impartiality and objectivity: Throughout the investigation, the investigator must remain impartial and objective, avoiding any personal biases or preconceived notions. The investigation should focus on facts, evidence, and relevant policies and legislation, ensuring a fair process for all parties involved.

Section 4: Reporting and Taking Action

After completing the investigation, organizations must take appropriate actions based on the findings to address the harassment and prevent future incidents.

• Evidence analysis: The investigator should analyze all gathered evidence, including witness statements, documents, and any other relevant information. This analysis helps in determining the credibility of allegations and drawing conclusions based on the balance of probabilities.
• Investigation report preparation: The investigator should prepare a comprehensive report summarizing the allegations, the evidence collected, the findings, and any recommended actions. The report should be clear, concise, and well-organized, providing a complete overview of the investigation process.
• Taking appropriate action: Organizations must take appropriate actions based on the investigation findings and recommendations. This may include disciplinary measures against the harasser, implementing training programs to promote awareness and prevention, revising policies and procedures, or other measures aimed at preventing future incidents.

Conclusion:

Navigating workplace investigations related to harassment requires a solid understanding of the legal framework, careful planning, and an objective approach. By following the appropriate steps and considering the legal considerations discussed in this blog post, organizations can effectively address harassment allegations, create a safe and respectful work environment, and uphold their legal obligations.

Stay tuned for the next blog post where we’ll explore the importance of fostering a diverse and inclusive workplace.