The Investigation process is one of the most critical steps in any Corporate Human Rights and Harassment Complaint Procedure as well as in Union grievances alleging Human Rights Code violations.

Why investigate a Human Rights complaint?

In accordance with Human Rights law, most organizations have internal policies prohibiting workplace harassment and discrimination.

Complaints of harassment or unfair treatment at the workplace are very sensitive matters. Both employers and unions need to investigate and resolve these types of complaints as quickly as possible for many reasons, including the following:

• to comply with corporate policies related to workplace harassment and discrimination
• to comply with legislated human rights requirements
• to avoid unpleasant, expensive and lengthy arbitration and/or human rights tribunal involvement
• to return all affected employees to a productive and comfortable workplace

Why retain an Independent Human Rights Investigator?

Procedures related to Human Rights and Harassment are meant to provide a fair and reasonable complaint and investigation process for employees who either file a complaint of discrimination or harassment, or who are accused of violating the organization’s Human Rights Policy.

 Independent, external Investigators are best used:    

• to recognize express or implicit discrimination and harassment contrary to Policy and Human Rights law
• to foster an atmosphere of neutrality that allows The Complainant, Respondent and other Witnesses to feel free to speak openly and honestly during the investigation interview
• to provide a report and findings that are timely, factually valid, fair and reasonable, and perceived to be so, thus limiting exposure and risk of poor publicity and further litigation.

Why not use an internal resource such as Human Resource staff?

Traditionally, Human Resources (HR) or Labour Relations (LR) staff investigates Human Rights and Harassment complaints. Even when internal staff are experienced in investigation techniques, well versed in Human Rights law and policy and run an investigation that is beyond reproach, such investigations can fail to satisfy the individuals involved. Participants are more likely to perceive bias or unfairness, possibly resulting in a secondary investigation by an external investigator, litigation or ongoing issues at the workplace.

All successful investigations require:
    • balancing the obligations of fairness to the complainant, respondent and other employees;
    • maintaining confidentiality to the greatest extent possible; and
    • ensuring that the investigator remains impartial and unbiased.

Investigations undertaken and reported by a professional external Human Rights Investigator tend to result in speedy resolutions acceptable to all involved and allow everyone to return to a productive and comfortable workplace.

Why not engage management counsel as the external investigator?

Even where employer's counsel may have the knowledge and expertise
needed to conduct an investigation, it is not recommended where:

• a complaint involves someone perceived to be part of
  management, or,
• the complaint alleges that management failed to respond to
  concerns in a timely manner.

In cases like these, the implications can hurt the process as follows:

• management counsel may be perceived as biased (not neutral), and undermine acceptance of the investigation's outcome
• a conflict could arise for the organization if it normally expects to get advice from that counsel about its duties and responsibilities during the investigation or in regard to its outcome.