Fact-finding & Investigation
It appears that Department A is facing challenges, possibly due to the recent promotion of a new manager from within the department, leading to a rise in employee grievances and turnover. The grapevine suggests that the department has become an unpleasant workplace. You have come across indirect reports of negative comments and incivility among the team. It's crucial to investigate and uncover the facts now before the situation worsens. Ignoring the rumors and unprofessional behavior could lead to formal complaints or an event that triggers legal action, requiring a thorough investigation.
Fact-Finding & Investigations
What is the difference between fact-finding and a workplace investigation?
The process of gathering information in the workplace, known as fact-finding, involves collecting data and conducting research through methods such as interviews, record reviews, questionnaires, and observations. This information can be used to draw probable conclusions, create options, and formulate recommendations. Fact-finding is typically the first step in determining whether a workplace investigation is necessary, and it may be initiated informally by someone within the organization, often the HR department. However, if an investigation is deemed necessary, it should be conducted by an impartial third-party.
When there is reason to suspect employee or departmental misconduct, a formal workplace investigation is conducted by an independent third-party to determine whether there has been any wrongdoing. This process involves a thorough and objective analysis of the available evidence, and the assessment of credibility with the goal of determining whether misconduct has occurred in violation of company policies, laws, or regulations.
What are the stages or process flow of a workplace investigation? How do you conduct a workplace investigation? What happens in a workplace investigation?
The process flow for conducting a workplace investigation may differ depending on the investigator and the case's complexity, but generally, it involves the following steps:
Identifying possible misconduct or wrongdoing by an employee or department and developing an investigation plan. This involves collecting the parties' names and allegations and drafting interview questions.
Conducting interviews with the complainant, respondent, and any witnesses, while emphasizing the importance of confidentiality and a fair process.
Collecting and reviewing documentation from various sources, including interview notes, emails, files, and videos, and assessing the information's credibility to determine the 'finding of facts.' Any additional concerns or complications that may arise during the investigation are also addressed.
Creating a well-reasoned report that outlines the key issues, policy breaches, conclusions, and findings of facts. This report is typically shared confidentially with senior leaders.
It is crucial for the investigator to remain neutral and unbiased throughout the investigation to ensure that evidence is collected in a fair and impartial manner. The duration of the investigation can vary depending on the number of complainants, respondents, allegations, witnesses identified, and information required to complete the investigation thoroughly.
Why conduct a workplace investigation? Why hire an external workplace investigator? What are the benefits of a workplace investigation conducted by Noël & Co.?
There are two important reasons why organizations may choose to hire an external investigator: liability and neutrality. While it is mandatory for organizations to maintain a safe and healthy work environment, there is no legal obligation to hire an external investigator. However, it is crucial for the investigator to be impartial, unbiased, neutral, objective, and procedurally fair, as mandated by Bill 132. Internal HR specialists may find it challenging to conduct complex investigations, which could result in a perceived lack of transparency due to the power dynamic within the organization. Therefore, it is essential to hire third-party neutrals who are discreet, well-trained, and experienced in workplace investigations. The investigator's reliability and the information collected will determine critical decisions and must withstand legal scrutiny.
At Noël & Co., we conduct interviews with empathy and respect for all parties and provide a fact-based report that addresses all allegations and can stand up to legal scrutiny.
What is a "poisoned work environment"? What is a “toxic workplace”? And, what is the difference?
The terms "toxic" or "poisoned" work environment are frequently used when dealing with challenging client situations. A "poisoned" work environment is one where comments or behaviors create an offensive or hostile environment for individuals or groups, leading to negative impacts on communication and productivity. Additional factors such as the frequency, nature, severity, and overall context of incidents are also taken into account when assessing the situation.
More commonly, employees refer to such environments as "toxic workplaces," which conveys a similar meaning. Employees who have experienced toxic environments describe them as being full of drama, cliques, and bullies, as well as being unproductive, uncivilized, harsh, hostile, and unethical.
If you come across such comments or rumors, it is crucial to gather more information and deal with the situation as soon as possible.