If you are the employee accused of workplace harassment, the first thing to remember is not to panic. Your employer is responsible for obtaining a full account of the incidents that are alleged to have occurred, and that includes getting your side of the story.
The tricky thing for employees is that employers are rarely experts in this process. They may suspend you with pay during an investigation, which they are within their right to do, but should not be taking any formal disciplinary measures until an investigation has been completed. During an investigation, an employer is responsible for gathering your version of events, which will likely mean interviewing you as part of any investigation, and taking detailed notes.
It is important for any future discipline that they take proper measures in conducting these interviews. This should include such things as informing you of the allegations made against you ahead of time, so that you have an opportunity to collect your thoughts and can go into an interview prepared. If you are caught completely by surprise, and then asked to suddenly form a perfect recall of events that may have happened months before, you would be understandably nervous when trying to remember small details. Unfortunately, if you appear to be at all nervous, confused, or agitated during your interview, investigators who are not well trained may use this behaviour against you when they assess the credibility of your story.
When an investigation is concluded, you will not be entitled to a full investigation report. However, you are entitled to know the results of the investigation, including any disciplinary measures that will be taken or other next steps that may be implemented (such as requiring all parties to attend refresher training on workplace harassment). We frequently consult with employees who have been the subject of a poorly-done or ‘botched’ investigation and subsequently disciplined, and in these cases we review every step of the investigation to make sure that discipline was not issued unfairly.
