Toughest Challenges When Writing a Workplace Investigation Report

As an employer in Ontario, it may be necessary to complete a written investigation on a number of issues.  The employer may need to investigate workplace harassment, workplace violence, privacy breach, a criminal act, some other misconduct, or perhaps to settle a argument between team members.

As employment lawyers, we help with all employment law matters, and specifically with workplace investigations – including written investigations and findings.

These are the five most common challenges that employers can avoid when completing their investigations:

1. Identifying issues

Knowing what needs to be investigated and knowing the full scope of the investigation – from the beginning to end – is key to complete a thorough and effective written investigation. Make time before the start of the investigation to outline and understand  the issues and scope of the investigation.  If the scope changes in the middle of the investigation, then the mandate and report may have to be updated.

2. Determining follow-up issues

When the investigation is taking place, make sure to note any follow-up issues that should be addressed in the report itself, at the end of the report, or after the report is complete.  There may be parallel issues that need to be investigated (other workplace bullying, additional misconduct) as a result of the initial investigation

3. Staying organized

White undertaking the investigation, the investigator must manage and maintain documents and interviews.  They also need to come up with a plan to initiate the investigation (what documents to review, who to interview). This will not only assist during the investigation, but if a neutral third party is forced to review the investigation, it will lend credibility to the report.

4. Taking good notes

Taking detailed notes throughout the investigation (either by the investigator or an assistant) will make it much easier to fully recall key information when writing the report. Notes for any investigation should be saved in within the report file. Sometimes, the summaries of interviews can be confirmed with the interviewee for accuracy.

5. Not leaving enough writing time

The investigator needs enough time to prepare, write, edit, review, and finalize the report.  This can take more time than you think!

KMB Law’s employment law department is available to help if you need to start, finish, or plan out a workplace investigation.