In Workplace Investigations Mindful Framing of Allegations is a Crucial First Step

Notebook writing

Investigations into allegations of harassment, discrimination or violence in the workplace can be sensitive and complex, and the manner in which the allegations are framed at the beginning can significantly impact the thoroughness and effectiveness of the investigation. Properly defining allegations ensures overall clarity of the process and – perhaps more importantly – procedural fairness and legal compliance. While we all know that properly drafted allegations are crucial, even experienced investigators find this first step to be daunting at times.  

At Bridge Legal & HR Solutions, we specialize in training both external and internal workplace investigators to manage all stages of investigations with care and precision. If you think you or your organization could benefit from additional investigation training, contact us to discuss our training options.

Why Framing Allegations Matters

Properly framed allegations are the backbone of a fair investigation. When allegations are vague or incomplete, investigators can miss key issues, leading to an investigation that feels unfair to one or both parties. Additionally, poor framing can lead to confusion about the scope of the investigation and can even lead to legal challenges down the line, particularly if the investigation fails to address the issues required by the relevant provincial legislation.

Here are three essential tips for getting it right:

Capture All Allegations from the Complainant

    While it might sound obvious that all allegations should be included, it is not unusual for an investigator to omit or misstate an allegation. This can happen when, for example, a Complainant is bringing forward a large number of allegations, and/or when they have difficulty expressing the details of their concerns. Investigators should encourage the Complainant to provide a comprehensive account of their concerns, even if this requires more than one meeting. In some cases, it might be helpful to have the Complainant review a draft of the allegations – allowing them a couple of days to do so – to ensure that all their concerns have been accurately captured.

    Ensure the Allegations Are Sufficiently Detailed

    The more detailed the allegations, the easier it will be to conduct a thorough and timely investigation, and the easier it will be for the Respondent to prepare for their interview. Vague allegations can lead to confusion, wasted time, and increased stress for all parties involved.

    In addition, having detailed allegations will assist the investigator with the information-gathering process. Particularly in complex investigations, it can be easy to lose sight of what information is necessary and relevant. The more detailed the allegations, the easier it is for an investigator to remain focused on what documents and/or interviews they need in order to reach their findings, and to avoid going on unnecessary “fishing expeditions” for extraneous information. 

    Important details that should be noted in allegations include:

    • Specific words or behaviors that underlie the allegations
    • Dates, times, and locations of each incident, if known
    • The relevant policy and/or legislation under which the allegations are being considered

    In our training programs, Bridge Legal & HR Solutions equips investigators with the tools to ask the right questions, in order to gather the necessary details to draft comprehensive allegations.

    Ensure the Allegations, If True, Constitute a Violation of the Relevant Legislation or Policy

    For an allegation to be included in a workplace investigation, it should, if true, represent a violation of the relevant workplace harassment legislation and/or company policies. While this is something that most investigators know, it is not unusual for an investigator to get to the report-writing stage of an investigation, only to find that one or more of the allegations do not meet this standard. For example, the Complainant might have alleged that their manager denied a vacation request. While a Complainant may have been unhappy with this decision, it would not – on its own – violated most company policies. If an investigator framed an allegation as: “It is alleged that the Respondent denied the Complainant’s vacation request in October 2024,” they could find themselves in the unhelpful position of having this allegation be substantiated on the facts, but having to find that no policy was violated. This makes the investigation of this allegation feel like a waste of time.

    Using the example above, an investigator could do more digging during the Complainant’s interview to better understand the underlying concern. Perhaps the Complainant is alleging that the Respondent denied their vacation request while allowing a request from someone with less seniority, or denied their vacation request at the last minute even though they were verbally told three weeks earlier that it had been approved. Including those additional details will allow the investigator to focus the investigation, and make report writing much easier when the time comes.

    Conclusion

    Framing allegations correctly is the cornerstone of any successful workplace investigation. By capturing all allegations from the Complainant, ensuring those allegations are sufficiently detailed, and verifying that the allegations (if true) represent a violation of relevant laws or policies, investigators set the stage for a thorough and fair process. With proper training and attention to detail, you can improve both the accuracy and fairness of your investigations—and Bridge Legal & HR Solutions is here to help every step of the way.

    To learn more about how Bridge Legal & HR Solutions can help you enhance your investigative skills, visit our website or contact us today to schedule a consultation.

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