In workplace investigations, neutrality isn’t just an ideal — it’s a legal and ethical requirement. Investigators are also human, however. Emotions, personal experiences, and unconscious reactions can surface in ways that subtly influence decision-making, and recognizing and managing these “triggers” is essential to maintaining fairness and protecting the integrity of the process.
When Investigators Get Triggered
Consider a familiar scenario: an investigator interviews a respondent who reacts with arrogance, sarcasm, or dismissiveness. The investigator feels their jaw tighten and their blood pressure rise because the respondent’s tone or behaviour reminds them of a difficult past experience. Even with the best intentions, this emotional response can alter how questions are asked, how evidence is interpreted, or how credibility is assessed.
While subtle, these shifts can erode neutrality. Left unchecked, they can compromise both procedural fairness and the defensibility of the investigation.
The Legal Stakes: Neutrality and Procedural Fairness
Canadian courts and tribunals have repeatedly underscored the importance of impartiality in workplace investigations.
In Shoan v. Canada (2016 FC 1003), for example, the Federal Court overturned an investigation after finding that the investigator’s demeanour — including interrupting the respondent and displaying visible signs of disapproval — demonstrated a reasonable apprehension of bias. The findings were set aside, partially because the investigator failed to keep an open mind.
Similarly, in Toronto Metropolitan Faculty Association v. Toronto Metropolitan University (2024 CanLII 109523), an arbitrator examined the university’s use of external investigators who also acted as its legal counsel. Although there was no evidence of actual bias, the arbitrator concluded that the appearance of bias was sufficient to erode confidence in the process. The dual role — legal counsel and investigator — created a perception problem that compromised procedural fairness.
The message from the courts is clear: investigators must not only be neutral, but must also appear neutral. Any sign of bias, whether emotional, procedural, or relational, can invalidate findings and expose employers to legal risk.
Why Triggers Matter
Personal triggers can arise from many sources: past work experiences, personal values, identity, or even current stress levels. These can affect investigations in several ways:
- Prejudgment: Making assumptions before all evidence is gathered
- Uneven emotional response: Feeling sympathy for one party or irritation toward another
- Interview imbalance: Cutting off, avoiding, or steering conversations differently depending on personal comfort levels
- Language bias: Choosing subtly loaded terms (“claims” vs. “reports,” “admits” vs. “states”) that influence how a party comes across in a report
- Perception by others: Even if the investigator feels composed, participants may sense bias, and perception alone can call the process into question
Strategies for Managing Triggers and Maintaining Neutrality
Self-awareness and process discipline are the best safeguards against bias.
Investigators can use these strategies to maintain professionalism and legal defensibility:
- Engage in regular self-reflection. After interviews, note moments of frustration or emotional activation. Recognizing patterns helps prevent reactivity in future cases.
- Use structured, consistent processes. Rely on standard question templates, consistent timelines, and equal treatment for all parties.
- Seek peer review or supervision. Having a colleague review interview questions or draft findings can reveal blind spots.
- Take breaks when emotions rise. Pausing for a few minutes or rescheduling a segment can restore clarity and fairness.
- Invest in ongoing training. Programs on unconscious bias, emotional intelligence, and trauma-informed practice build the skills needed to remain balanced and objective.
- Document your reasoning clearly. Transparent records of evidence assessment and decision-making demonstrate procedural fairness and reduce liability if challenged.
If this seems daunting and you’re not sure where to start, reach out to Bridge Legal & HR Solutions to learn about our training options. We can help you and your team understand how to spot and control bias and ensure that your investigation processes meet provincial and federal standards. Our programs are designed to help HR professionals and investigators build confidence, strengthen neutrality, and meet the highest legal and ethical standards.
The Bottom Line
Neutrality is not optional — it’s the foundation of every credible workplace investigation. Recognizing and managing personal triggers ensures that investigators remain impartial and that findings withstand scrutiny from courts, arbitrators, and participants alike.
At Bridge Legal & HR Solutions, we understand the complex human dynamics behind workplace investigations. Our team of experienced lawyers and HR professionals provides independent investigations, investigator training, and bias-awareness programs to help organizations uphold fairness, minimize risk, and strengthen trust in their internal processes.
To learn more about how Bridge Legal & HR Solutions can support your workplace, connect with us today through our contact form or call us at 647-794-5442 for a consultation.
