Recent legislation and the courts are imposing stricter obligations on organizations to investigate and deal with issues of workplace misconduct, and to protect employees. A sub-standard workplace investigation may become a significant cost for an organization.
ADR Chambers conducts investigations dealing with:
- Harassment and workplace discrimination based on any prohibited ground;
- Sexual harassment or sexual solicitation/reprisal;
- Hostile work environment;
- Bullying and psychological harassment;
- Failure to accommodate;
- Breach of fiduciary duty;
- Conflict of interest;
- Workplace health and safety incidents;
- Breach of confidentiality;
- Reprisal, threats or retaliation;
- Policy breaches;
- Statutory violations;
- Allegations of cause and inappropriate employee behaviour; and
- Anonymous complaints.
ADR Chambers’ investigators produce comprehensive and thorough written reports, which include our findings of fact, conclusions as to whether each allegation is substantiated, and recommendations if requested.
Situations where it is advisable for an organization to retain a third-party neutral investigator include:
- The investigative process is likely to be closely scrutinized by a court and/or tribunal;
- The issues are complex or sensitive;
- There is a risk of internal bias or a perception of bias;
- There are multiple complainants and/or respondents;
- It may be challenging to make findings and assess credibility;
- The complaint involves HR representatives, senior members of the leadership team, a partner and/or owner; and
- Mental health is an issue involving the complainant, a witness and/or the respondent.
