Lancaster’s Workplace Essentials: Investigations

In this installment of Lancaster’s Workplace Essentials webinar series, panelists will examine key principles, recent caselaw, and best practices relating to workplace investigations. Specifically, the panel will discuss:

• What does a fair and effective workplace investigation process entail? What procedural flaws should be avoided during the investigation process?
• What is the union’s role in an investigation? Does a member have a right to union representation during an investigation?
• When should an employer hire an external investigator instead of conducting an internal investigation? Does the union have a role in ensuring the impartiality of the investigator?
• Can employers commence investigations without a formal complaint? How should employers and unions approach the investigation of anonymous complaints?
• When will an employer be required to investigate the off-duty conduct of employees? What if the off-duty conduct involves violence and harassment?
• What information can/should/must be disclosed to a complainant or respondent at the conclusion of an investigation (e.g. findings, actions taken)? Are unions entitled to a copy of the final investigation report or the investigator’s notes? Are they entitled to a response?
• In what situations have damages been awarded for an employer’s inadequate investigation or failure to investigate?