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Employers must investigate all allegations of wrongdoing, including harassment and discrimination, workplace incidents, and criminal activity. Documentation and privacy laws must be respected, and interviews and physical investigations may be necessary. Results should be compiled into a report with planned actions to address the issue, and corrective measures should be taken. Disciplinary action and notifying authorities may be necessary in severe cases.
A workplace investigation may be required in response to a complaint of harassment or discrimination, safety concerns or workplace incidents, a serious violation of Company policies and procedures, or criminal activity such as theft or vandalism. Inquiries made during a workplace inquiry must be done discreetly and in accordance with the relevant legislation to avoid further complications. To conduct a workplace investigation you will need to know in particular the right to privacy laws within the jurisdiction.
Employers have an obligation to investigate all allegations of wrongdoing. Even when an informal complaint is made, the employer is required to look into the matter and a formal workplace investigation may be required. Failure to properly investigate could leave the employer open to malpractice claims later on.
When a complaint is filed, documentation is crucial. Similarly, details of accidents or incidents should also be written. Details could become blurred or forgotten over time, making a written record vital to any workplace investigation. Many companies and organizations have complaint and incident forms, but in their absence any written account will suffice.
Depending on the complaint or incident, interviews with witnesses may be required during the workplace investigation. Requests must be made discreetly and privately. You will need to collect information while respecting the privacy rights of everyone involved: the complainant, the witnesses and the defendant. Questions should be focused on the issue at hand and phrased in an open-ended way that doesn’t lead to simple yes-or-no answers.
Physical investigations within the workplace may be appropriate, depending on the nature of the relationship or incident. Here too documentation is important and photographs of an accident or hazard may be needed. Again, privacy laws must be respected. An employer’s right to conduct workplace searches and similar acts, such as drug testing and surveillance, varies from one jurisdiction to another. If in doubt, consult a lawyer before carrying out any research or testing.
The results should be compiled into a report. Conclusions should be based on evidence and should not venture into guesswork. The report should include a set of actions planned to address the incident, abuse or hazard being investigated. The results of the investigation should be shared with the complainant.
Responding to the results of a workplace investigation should primarily focus on correcting the problem. The equipment may need to be repaired or replaced, or new procedures may need to be implemented. In the event of misconduct or wrongdoing, disciplinary action may be required. Depending on the severity and nature of the actions being investigated, it may be necessary to notify law enforcement or regulatory authorities.
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