Workplace Investigations

Helen conducts thorough and fair investigations into workplace complaints of harassment, sexual harassment, discrimination, violence, reprisal and other misconduct.

Approach

Investigations are conducted in a procedurally fair manner that recognizes the dignity and rights of all involved, including through a trauma-informed approach. Helen also brings a practical lens to workplace issues, cognizant of the impact investigations have on the parties, colleagues and the workplace more broadly.

When Should an Employer Hire an External Investigator

Many employers have sophisticated Human Resources departments and internal processes for addressing workplace concerns. However, there are circumstances where retaining an external investigator may be appropriate.

Considerations include:

Expertise

Is there someone with training and experience in procedurally fair investigations who can assess credibility in complex or sensitive matters?

Bias or Perceived Bias

Would an internal investigator be viewed as sufficiently impartial by the parties involved?

Potential for Litigation or Grievance Arbitration

Is there a possibility the matter may later become the subject of litigation, arbitration or regulatory scrutiny where issues of procedural fairness and privilege may become significant?

Media or Reputational Considerations

Could the matter attract media attention or broader reputational concerns such that an external investigator may reinforce organizational credibility and independence?

Roles of the Parties Involved

Do the positions or reporting relationships of the parties raise concerns relating to bias, perceived bias and fairness?

Scope of the Investigation

Does the matter involve witnesses, extensive documentation, or operational complexity such that internal resources may be strained?

Investigation Process

Helen’s investigation process involves:

  1. Intake & Triage
    Review of the complaint, background material, and applicable workplace policies.
  2. Planning
    Determining the scope of the investigation, assessing whether interim measures may be appropriate, identifying relevant witnesses and interview sequencing, and preparing notices to participants — including confidentiality expectations.
  3. Execution
    Scheduling and conducting interviews, including coordinating with representatives where applicable. Additional documentary and other evidence may be gathered and reviewed.
  4. Analysis
    Assessing the evidence, including credibility. Findings of fact are made on a balance of probabilities, followed by analysis and conclusions regarding whether workplace policies or legal obligations have been breached. A fulsome report is prepared.
  5. Reporting
    Assistance with reporting the outcome of the investigation to the parties and/or senior organizational leadership, where appropriate.

Investigation Reports

Helen prepares defensible investigation reports that include:

  • a summary of the investigation process
  • a summary of the evidence provided by each participant interviewed
  • a sound credibility assessment
  • findings of fact on a balance of probabilities
  • clear analysis and conclusions, made on a balance of probabilities, regarding whether workplace policies and/or legal obligations have been breached.

Helen Has Conducted Investigations Involving:

  • CEOs, Senior Leadership Teams and Senior Management
  • Boards of Directors
  • Unionized Workplaces
  • Federal and Provincial Sector Organizations
  • Public Sector Organizations
  • Municipalities
  • Healthcare and Educational Institutions, including Student Unions
  • Police and Firefighters
  • Law Firms
  • Professional Regulatory Bodies
  • Former Employees, Interns and Clients
  • Multiple Organizations
  • Non-Participating Parties