“The bad thing that happens if you’re not paying attention to these things is that the information you get will be tainted from an evidence point of view so if you do decide to discipline you will often get a challenge because you didn’t have a fair process for that person,” Byres said. “You end up in a situation you didn’t anticipate because at the start you didn’t think through your investigation.”
Protect privacy and confidentiality
A number of cases in Canada involve people were discharged for harassment or sexual harassment and the accused brought a wrongful dismissal case due to poorly conducted investigations.
“Harassment complaints have to be treated with sensitivity. If you don’t keep the process confidential you’ve created a poisoned workplace so they feel they have no choice but to quit and they will sue for constructive dismissal,” Byres said. “Confidentiality is really important because you can’t predict the outcome of what you’re going to find.”
On page three: Re-victimizing risks and rushed processes