Workplace Investigations from Complaint to Closure: Top recent cases and practical pointers

Fair and effective investigations are essential in responding to potential misconduct, allegations of violence, harassment, or discrimination, and other workplace concerns. In this session, experts will discuss best practices for investigations through the lens of recent cases and explore strategies for addressing common and emerging challenges.

• What lessons can be drawn from recent cases about the essential elements of fair, adequate, and effective investigations?
• In what circumstances are employers legally required to conduct a workplace investigation? What protective measures should be taken to safeguard complainants and potential witnesses from reprisal?
• Who is entitled to access the investigator’s report before and after issuance?
• How do violence and harassment investigations differ from investigations into other types of misconduct or concerns?
• What is the role of the union in an investigation? When are employees who are accused of misconduct or interviewed as part of an investigation entitled to union representation?
• How should workplace parties proceed if they encounter uncooperative witnesses or other difficult people during an investigation?
• What steps can employers and unions take to minimize the disruptive effects of investigations on the workplace?
• What strategies can workplace parties implement to address the challenges associated with conducting investigations in a remote work environment?