Workplace Investigation Steps: How to Conduct a Defensible Process

The HR Hub with Andrea Adams

The HR Hub with Andrea Adams

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Conducting a workplace investigation is about much more than finding someone guilty. To protect your organization, you need a defensible, neutral process that can withstand the scrutiny of a courtroom or an arbitrator.

In this episode, Bob Stenhouse from Veritas Solutions joins me to break down the six essential components of a high-standard workplace investigation. We explore how to handle initiating events (which is not necessarily an employee complaint), the nuances of gathering sufficient evidence, and the legal standard of the balance of probabilities. Whether you are dealing with a formal complaint or a high-risk harassment allegation, these insights will help you ensure your investigative findings are objective and legally sound.


00:00 Intro
0:59 The components of an investigation
04:15 Can the news trigger an investigation?
06:06 Harassment vs. bullying: the legal difference
07:36 Using a risk-informed approach for complaints
11:12 When is your evidence actually sufficient?
14:59 Explaining the balance of probabilities standard
17:32 What makes a solid investigation report?
20:07 Aggravating vs. mitigating factors in discipline
21:42 When to hire an external investigator

*Find Bob*
Website: https://veritassolutions.net/
LinkedIn: LinkedIn: bob-stenhouse

*Find Andrea (me)*
Website: https://thehrhub.ca/
LinkedIn: LinkedIn: andrea-adams1