Mental Health & Investigations: Best practices for effective, fair and trauma-informed processes

Investigating allegations of human rights violations in the workplace requires a commitment to understanding best practices, including adopting a trauma-informed approach. Drawing on recent caselaw and best practices, experts will offer insights into conducting or overseeing workplace investigations. Panelists will address the following questions:

• What is a trauma-informed approach?
• What steps can investigators take to ensure workplace human rights investigations are trauma-informed?
• What measures should employers, investigators and unions implement to safeguard the mental well-being of participants during a workplace investigation?
• In what circumstances is hiring an external investigator to be preferred over an internal investigation?
• How can the parties strike a balance between thoroughness and urgency during investigations?
• What information can or must be shared with a complainant or respondent once an investigation is complete?
• How should employers communicate investigation results to complainants in a trauma-informed manner?
• What are the goals of workplace restoration after an investigation?
• Are restorative processes necessary even if an investigator finds that no misconduct occurred?
• What does an effective workplace restoration plan entail?
• What is the union’s role in workplace restoration?
• How should employers and unions address allegations or findings of a “poisoned work environment” or systemic issues in the workplace?