Top 5 Common Mistakes Companies Make During Workplace Investigations

In order to resolve employee issues, settle disputes, and assure a secure and law-abiding workplace, investigations are vital. Nevertheless, carrying out these inquiries is more complicated than it may appear. A simple error can result in additional conflict at work, legal liabilities, and even harm to the company’s brand.

At Sultan Lawyers, we have direct experience with the consequences of badly conducted employment investigations. We’ve listed the top five typical errors firms make during workplace investigations—as well as tips for avoiding them.

1. Not Responding Quickly

Postponing the start of an inquiry is one of the most frequent errors businesses make. When a grievance or issue is brought up, employees may interpret procrastination as a sign that the matter is not being treated seriously. Delaying an investigation can also result in:

• Absence of important evidence, such as emails, texts, or tangible proof
• Problem escalation, such as increased conflict or workplace investigation harassment.
• Reduced trust between management and staff

What to Do Instead:

Take action as soon as you realize there is a problem. Prepare ahead of time and make sure you have the tools you need to carry out a comprehensive inquiry, but putting things off too long can backfire. Quick response demonstrates to the staff that their issues are a priority.

2. A Lack of Impartiality

Investigations can go poorly if the person conducting them is thought to be prejudiced. This could occur if:

• One of the parties involved has a close relationship with the investigator
• The investigator has a vested interest in the investigation’s conclusion
• The investigator exhibits partiality or assumes certain facts

Claims of discrimination or unfair treatment may result from even the appearance of bias, which could damage the investigation’s credibility.

What to Do Instead:

Make sure there are no conflicts of interest and that the investigation is impartial. If neutrality within the company cannot be ensured, think about bringing in an outside investigator to conduct the investigation. The impartiality and expertise of outside experts guarantee a fair and exhaustive examination.

3. Ineffective Communication During the Procedure

One of the worst mistakes in a workplace investigation is not informing the employees. Keeping workers in the dark about what’s going on can make them feel irritated, nervous, or suspicious.

Typical communication pitfalls:

• Failing to communicate the investigation’s goal to the parties involved
• Omitting to specify what workers can anticipate during the procedure
• Not giving any updates, particularly if the investigation takes a long time

What to Do Instead:

The most important thing is transparency. When appropriate, you must retain secrecy, but it’s important to keep in touch with the parties involved at crucial points, like:

• At the beginning of the inquiry, to describe the procedure
• To give updates as required while the investigation is underway
• To share the results and any subsequent steps once the inquiry is complete

Effective communication fosters trust and demonstrates to staff members that their issues are being considered.

4. Ignoring Important Evidence or Steps

A meticulous examination necessitates close attention to detail. Findings might be erroneous or incomplete as a result of mistakes including rushing to conclusions, skipping interviews, or failing to collect all pertinent material. If the integrity of the investigation is questioned, this could also expose the business to legal issues.

Illustrations of Oversights:

• Failing to speak with all pertinent witnesses
• Disregarding important pieces of evidence like security footage, emails, or texts
• Evaluating the matter without taking into account legal requirements or workplace norms

What to Do Instead:

Stick to a methodical procedure to guarantee that no steps are overlooked. This could contain:

• Making a list of investigative steps, such as gathering evidence and conducting interviews
• Reviewing pertinent laws, rules of behaviour, or workplace policies
• Creating an unambiguous record of the investigation by meticulously documenting each step

5. Confidentiality Mishandled

Despite being crucial during a workplace investigation, confidentiality is often handled improperly. Claims of slander, retaliation, or mistrust may result from confidentiality violations. However, excessively stringent secrecy policies may make witnesses feel uncomfortable disclosing important information.

Typical Confidentiality Errors:

• Sharing private information with unaffiliated parties
• Not protecting witnesses’ or complainants’ identities as necessary
• Requiring total silence which could unintentionally deter people from voicing valid concerns

What to Do Instead:

Find equilibrium. All stakeholders’ privacy and safety should be protected by maintaining confidentiality, but employees should also feel comfortable participating in the process. Give explicit instructions on how information will be handled, and remind all parties that maintaining discretion is their duty.

How Sultan Lawyers Can Help

When the stakes are significant, or emotions are running high, handling workplace investigations can be difficult. Sultan Lawyers assists businesses in conducting impartial, effective, and law-abiding investigations. Our team of experts can help with:

• Provide guidance on the most effective methods for addressing grievances and initiating inquiries
• Maintaining objectivity and professionalism by serving as outside investigators
• Supplying legal assistance to address possible obligations and reduce hazards

The goal of a well-conducted workplace inquiry is to promote accountability, equity, and trust throughout your company, not merely to address a particular problem.

Final Thoughts

Care must be taken when conducting workplace investigations, which are a crucial tool for preserving a supportive and cooperative work environment. The investigation’s conclusion and its effect on your workplace culture can be greatly impacted by avoiding typical errors like postponing action, displaying bias, or improperly handling confidentiality.

Through the prioritization of transparency, impartiality, and thoroughness, businesses may effectively resolve complaints and create an environment where employees feel valued and heard.

For assistance in handling a workplace investigation or to make sure your company is ready, contact Sultan Lawyers’ professionals. We have a team of experts workplace investigation lawyers in Toronto to help you at every turn.