You know that you need a workplace investigation. An employee has come forward with a complaint of harassment, and you immediately flagged it as a call to your lawyer, who explained everything. You’re responsible for keeping the workplace safe, and right now, that safety is in question until you can investigate what happened.

The trouble is that you’re scared – you’ve never conducted a workplace investigation before! Sure, you’ve looked into small incidents, but you’ve never had a complicated one and had to engage a third-party investigator. How does it work? What does the workplace investigation process look like? What do you need to do to help them be successful?

Every workplace investigator is different, and all workplace investigations have their own path, but here’s a brief overview to break down the process:

Scoping Things Out

Before you even get into a workplace investigation, an investigator needs to know exactly what they are dealing with. How many people are potentially involved here, and who has potentially been impacted by what’s gone on? If the subject of a harassment complaint is a supervisor, perhaps only one complainant has come forward, but there may be several more employees who have had problems but are too scared to speak up.

The scope, or mandate, of a workplace investigation is critical because it shapes the entire process. It defines who may have been involved, how long the issues may have persisted, and the extent of their impact. Skilled workplace investigators are trained to operate with discretion, ensuring confidentiality at every stage. For this reason, it’s essential to limit discussion of the investigation and its details to only those who genuinely need to know.

Gathering and Assessing Evidence

Once an investigator has a clear scope or mandate, their next step is to gather information and evidence, often with your participation. Evidence can take many forms, including:

• The initial complaint or report
• Surveillance footage
• Web search history
• Text messages
• Email correspondence
• Attendance records

This list isn’t exhaustive, but it gives a sense of the range of materials an investigator may review to piece together the events and form an accurate picture of what happened.

Remember, a third-party workplace investigator enters the process with complete neutrality. Their role is to ensure due process is followed and that all parties are afforded procedural fairness, meaning the matter is handled both fairly and correctly. They do not come with preconceived judgments about the organization, the Complainant, the Respondent (the person alleged to have acted improperly), or any witnesses. Instead, they assess the evidence to piece together what happened, aiming to get as close to the truth as possible by applying the “balance of probabilities” standard.

Interviewing Parties and Witnesses

Employees who have been subjected to harassment are often worried about coming forward because they feel they won’t be believed. They often worry about a “she said/he said” situation (although true with any genders, of course), that it will simply be their word against someone else’s, and if they have less status or seniority than they will not be believed.

An investigator’s job is to ensure that this does not happen. Procedural fairness means that both parties are interviewed thoroughly so that an investigator can review their version of the events. It also means interviewing the Respondent formally and thoroughly, not ambushing them and assuming their guilt, but giving them time to collect their thoughts and lay out their version fully.

An investigator may also speak with witnesses who have relevant information. Some may have directly observed the incidents in question, while others may be a trusted colleague/friend who was informed about the events shortly after they occurred. The investigator’s role is not to accept any account at face value, but rather to evaluate each piece of information and fit it into the broader puzzle to form a clear, evidence-based picture of what happened.

Review and Report

Once the investigator has gathered and reviewed all evidence and witness statements, their role is to produce a report summarizing their findings. This report is not punitive; it is not intended to punish an employer or prescribe disciplinary action. Its purpose is to determine whether the complainant’s allegations occurred and, if so, whether they constitute harassment or discrimination. The report also includes the investigator’s assessment of credibility, which the employer can then use to inform any next steps.

Investigation reports can be quite comprehensive, and under the Ontario Occupational Health and Safety Act, neither the Complainant nor the Respondent are entitled to the full investigation report. However, they are entitled to a summary of the findings, as well as an update on any corrective decisions. These documents contain a wide array of helpful information and may point to other areas in your business that you will want to address once you’ve made any immediate decisions. (Please note, if you are a federally regulated employer, there are procedural differences in the investigations process, and both parties are entitled to get a copy of the investigation report.)

Need Support?

Need a workplace investigator you can trust? You’re in the right place. While an internal HR team or manager may be equipped to handle smaller matters, complex or high-stakes investigations often require an external professional. Beyond having the proper training, an investigator must be truly impartial. Even the perception of bias, such as a prior friendship with one of the parties, can undermine the integrity of the entire process.

At Oxford HR Group, we bring extensive experience across diverse workplaces and a wide range of issues. We can manage your investigation from start to finish, or, if you are already in the midst of one, we can consult and provide expert guidance to strengthen your process and outcomes. Reach out to learn how we can support you in navigating workplace investigations with fairness, clarity, and confidence.

~ Oxford HR Group