Workplace Investigations
SERVICES OFFERED
Diakiw Law offers Workplace Investigations for businesses, charities, associations, and other organizations where such investigations are conducted.
The following are some of the types of investigations where Diakiw Law can help:
Harassment and Discrimination Investigations: Allegations of harassment or discrimination based on protected characteristics such as race, gender, age, religion, disability, or sexual orientation often require thorough investigations to ensure compliance with laws and company policies.
Bullying and Intimidation Investigations: Complaints of workplace bullying, intimidation, or hostile work environments.
Employee Misconduct Investigations: Investigations into alleged violations of company policies or codes of conduct, such as theft, fraud, conflicts of interest, or other unethical behavior.
Whistleblower Complaints Investigations: Allegations made by whistleblowers regarding illegal activities, ethical breaches, or other concerns within the organization.
Employee Relations Investigations: Investigations into disputes between employees, conflicts within teams, or breakdowns in interpersonal relationships that impact the workplace.
Workplace Violence or Threat Investigations: Allegations or concerns related to threats of violence, physical altercations, or other safety issues in the workplace.
Misconduct by Leadership or Management: Allegations of misconduct or unethical behavior by executives, managers, or other leaders within the organization.
Health and Safety Investigations: Investigations into workplace accidents, injuries, or other health and safety concerns.
Diakiw Law also offers services for drafting workplace policies to help preempt some of the potential issues that are described above.
If the complaint involves an issue not described above, contact michaela@diakiwlaw.ca to discuss whether we can help.
WHAT IS A WORKPLACE INVESTIGATION
A workplace investigation is a formal process conducted by an employer or a designated investigator to gather information and facts about a specific incident, complaint, or concern that has arisen within the workplace. The purpose of a workplace investigation is to determine what happened, assess the validity of allegations or complaints, identify any violations of company policies or laws, and recommend appropriate actions to address the situation and prevent future occurrences.
These investigations are not limited to “workplaces” in the traditional sense. They also occur in other organizations and associations Workplace investigations conducted by third-party investigators can vary widely depending on the nature of the allegations, concerns, or incidents involved.
WHEN TO CALL FOR HELP
Knowing when to retain an independent investigator is not always straightforward and will almost always be fact-specific. Here is a non-exhaustive list of situations where you will want to call for help:
Policy: If your workplace has a specific policy setting out a complaints process that requires external investigations.
Appearance of bias: If there is a concern that the investigation, if done internally, will appear biased (whether or not there is bias), it is better to err on the side of caution and request assistance from an independent investigator.
Leadership Complaints: Where a complaint is made against the senior leadership of a company or other organization, external investigators should be used to keep the matter at arms-length.
Lack of Resources: If your company or other organization does not have the capacity or resources to conduct a thorough investigation, it is best to seek assistance.
Severity of Complaint: If the complaint includes allegations that could give rise to criminal charges or litigation against the workplace, it is best to get an independent party to investigate.
Regardless of whether the investigation is conducted internally or externally, the investigation must be taken seriously and be conducted fairly. The consequences of failing to properly investigate a complaint can be significant. If a complaint is ignored or dismissed without a proper, fair, or independent investigation, the organization could be subject to damages under several different headings, including human rights damages.