WHAT TO DO WITH YOUR WORKPLACE INVESTIGATION REPORT
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By
Cynthia Lazar
ou have made the decision to investigate and chosen the appropriate investigator. (See Selecting a Workplace Investigator in the Spring 2021 issue of HRmatters.) The investigation is complete. Now what? How do you use the report? How much of it do you disclose and to whom? And how long do you retain it? USING THE REPORT
At the outset, you will want to ensure the investigation and report were reasonably done. This does not mean you should interfere with the investigator’s process or findings. Rather, you want to evaluate if the basic process was sound. An investigation report should set out the investigation process, evidence
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gathered, findings and the reason for the findings, including the evidentiary standard applied. Depending on the scope of the investigation, relevant workplace policies should be identified and considered. If there are clear problems with the report, such as failure to interview important witnesses, obvious bias or conclusions without an evidentiary basis, you will want to carefully consider how much weight to give to the report and whether it is feasible to have it rectified or redone. Once you are satisfied the report is proper, you will need to decide what to do with the findings. If it’s determined the complaint is ‘unsubstantiated,’ the complainant should not suffer negative consequences unless it is specifically found that the complaint was malicious. This is very
