What happens after a workplace investigation?

Workplace investigations are crucial to identify and stop misconduct and violations of the law. But what happens after the findings are released? Let’s break it down.

The investigation process at a glance

A workplace investigation usually starts with a complaint or report of misconduct. The filing could involve harassment, workplace bullying, wrongful dismissal or other issues. The investigation process includes:

• Gathering evidence: Collecting documents, emails and other relevant materials.
• Interviews: Talking with the complainant, the respondent and witnesses.
• Analysis: Reviewing the evidence and interviews to find out what happened.
• Report: Making a report that explains what occurred and potentially provides legal advice or recommendations based on the findings.

All involved parties should have a reasonable chance to hear the complaint, ask questions and challenge statements.

Potential outcomes of workplace investigations

Once the investigation is complete, the investigator will determine whether misconduct occurred. If the investigator finds that misconduct occurred, the following corrective actions may take place depending on the type and severity of misconduct:

• Employee penalties: An employer may demote, suspend or terminate an at-fault employee.
• Policy changes: The business might update or develop policies to prevent future issues.
• Legal consequences: Some investigations can impose fines or damages upon the bad actor.
• Other solutions: Voluntary resolutions and improved training can be effective products of an investigation.

This is not a closed list. These outcomes aim to address and prevent future misconduct. Where possible, they may also try to repair relationships and re-establish a harmonious work environment.

Red flags to watch out for

Conducting a proper investigation is essential, as a flawed investigation can cause significant problems for businesses and individuals. Some signs of an inadequate investigation process include:

• Continuation of misconduct: Continued misconduct may indicate the investigation was not thorough.
• Unfair penalties: Penalties that seem too harsh or too lenient can undermine trust in the process.
• Lack of follow-up: Failing to follow up on the investigation’s recommendations can lead to repeated issues.
• Legal threats: Parties unhappy with the process and outcome may seek other legal remedies.

A thorough and fair investigation helps maintain a positive workplace environment and protects the organization from legal risks.

Navigating the next steps

Employers and employees in British Columbia should know how to take corrective actions after an investigation, and why doing them right matters. Legal help can be very useful in these complex situations.

Whether you are an employer or an employee, fair and effective workplace investigations and accountable follow-ups are key to protecting everyone’s rights at work. The types, processes, and outcomes of workplace investigation vary widely and it is best to seek legal advice at the earliest indication of a problem so that any investigation can be set up correctly, increasing the chances of the process and outcomes being accepted by the parties involved. Our lawyers routinely advise on, and conduct, workplace investigations for clients across a range of industries.