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FREQUENTLY ASKED QUESTIONS AND ANSWERS

What happens in a workplace investigation?

There is no one single standard of workplace investigation, however there are some general principles that investigators should follow. 

First, it is crucial to the integrity of an investigation that an investigator stay neutral. Employers do not always catch on to this – some think that they can simply ask their own questions, and fail to account for the fact that they may have a longstanding relationship with one party, or a bias that clouds their ability to do an impartial investigation.

The general principles of an investigation are that an investigator will interview the complainant (the person/people who made the complaint, if any), the person/group alleged in the wrongdoing, and any witnesses. That investigator may be someone from an HR department who’s at an arm’s length from the people involved, or it may be an external third-party that the employer has hired. No matter who is investigating, the investigator’s responsibility is to review the allegations in full, and give every person involved the opportunity to share their story.

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Rudner Law
15 Allstate Parkway
Suite 600
Markham, ON
L3R 5B4

Phone: 416-864-8500
Text: 416-864-8500

Email: info@rudnerlaw.ca

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