Calendar·Human Resources·Investigations And Discipline
Conducting a Fair Workplace Investigation
FACULTY OF HUMAN RESOURCESInvestigations And Discipline • ~85 min

How to conduct a procedurally fair workplace investigation in Canada — investigator selection, planning, interviewing, evidence gathering, credibility assessment, and reaching defensible findings.

Conducting a Fair Workplace Investigation

Price
$249
Lessons
9
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What this course covers

01The Principles of Procedural Fairness in Workplace Investigations
02Investigator Selection: Internal vs. External, Conflicts, and Competence
03Planning the Investigation: Scope, Mandate, and Timeline
04Gathering Documentary Evidence Before Interviews Begin
05Interviewing the Complainant: Technique, Scope, and Documentation
06Interviewing the Respondent: Rights, Notice, and the Opportunity to Respond
07Interviewing Witnesses: Managing Scope and Confidentiality
08Assessing Credibility: Standards, Consistency, and What Courts Look For
09Reaching Findings: From Evidence to Conclusions

Scenario

A regional distribution company operating out of a mid-sized city in southern Ontario employs approximately 85 warehouse and logistics staff alongside a corporate office of 12 administrative and management personnel. The company has operated for 14 years under a single owner who serves as president, with a human resources manager hired 3 years ago to formalize policies and handle employment matters that had previously been managed informally by supervisors.

The human resources manager received a written complaint 8 days ago from a warehouse team lead alleging that the operations manager had engaged in a pattern of conduct constituting workplace harassment over a period of approximately 7 months. The complaint document, spanning 4 pages, describes multiple incidents including alleged verbal confrontations witnessed by other employees, criticism delivered in front of subordinates, assignment of undesirable shifts following disagreements, and 2 specific occasions on which the complainant alleges the operations manager made comments referencing the complainant's ethnic background. The complainant states that the conduct has caused significant stress, that a physician has placed the complainant on medical leave for the past 6 days, and that the complainant expects to return to work only if the organization addresses the matter appropriately.

The operations manager has been with the company for 9 years and reports directly to the president. The operations manager oversees all warehouse staff, including the complainant, and is responsible for scheduling, performance reviews, and day-to-day discipline on the warehouse floor. The human resources manager does not supervise the operations manager and has never previously conducted a formal workplace investigation, though the manager has completed training on harassment policies and attended a 1-day workshop on workplace investigations approximately 18 months ago.

The president has expressed concern about the allegations and asked the human resources manager to "look into it quickly" so the company can determine what happened and decide how to proceed. The president has not provided written direction about the scope of the investigation, has not indicated whether external support should be retained, and has mentioned in passing that the operations manager is "essential to operations" during the current peak shipping season. The human resources manager has access to electronic scheduling records, email correspondence, performance documentation, and the company's workplace harassment policy, which was last updated 2 years ago. The warehouse employs 6 individuals who work on the same shift as the complainant and who may have witnessed some of the alleged incidents. The human resources manager must now determine how to structure an investigation that will produce defensible findings while respecting the procedural rights of all parties involved.

More in this program

When to Investigate: Triggers and Thresholds
~50 min · $149
Investigation Reports: What to Include and What to Exclude
~50 min · $149
Progressive Discipline: Structure, Documentation, and Consistency
~85 min · $249

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