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An employer’s guide to workplace complaints

On Behalf of | Jun 22, 2023 | BUSINESS & COMMERCIAL LAW - Employment Litigation

Workplace investigations are critical for addressing misconduct allegations, including harassment, discrimination or other violations of company policies. How these investigations are conducted can impact the immediate parties involved, the overall workplace environment and potentially the company’s reputation.

Workplace investigations aim to establish the facts, determine whether misconduct has occurred and decide on appropriate remedial actions. The following points should guide employers in managing these potentially sensitive situations effectively.

1. Act promptly and impartially

Upon receiving a complaint, it’s essential to act quickly and decisively. This sends a clear message that the company takes allegations of misconduct seriously. Conducting the investigation impartially is crucial, avoiding any favoritism or bias that could taint the process and its outcomes.

2. Ensure confidentiality

Confidentiality is vital to protect the rights of all parties involved and maintain the investigation’s integrity. Information should only be shared on a need-to-know basis to prevent potential retaliation or workplace gossip that could interfere with the investigation.

3. Engage competent investigators

The investigator’s role is to gather facts and evidence unbiasedly. Depending on the complexity and sensitivity of the allegations, it may be appropriate to engage an external investigator or legal counsel. Investigators should thoroughly understand workplace laws, investigation techniques and the company’s internal policies.

4. Communicate effectively

Keep all parties informed about the progress of the investigation within the boundaries of privacy and confidentiality. Communication should be clear, respectful and consistent, addressing the investigation’s purpose, process and potential timeline.

5. Take appropriate action

Once the investigation is concluded, appropriate action based on the findings should be taken promptly. Ensure actions taken are fair, proportionate and compliant with the company’s policies and employment laws.

As an employer, you must ensure that you’re protecting the interests of the company. You also need to comply with all applicable laws. Taking these situations seriously and consulting with people familiar with these matters is beneficial.