Employers often have to deal with workplace complaints and allegations, but are your current investigation processes effective? To avoid legal consequences that can result in financial and reputational impacts, employers should understand the benefits of conducting an effective workplace investigation.

When employers conduct workplace investigations promptly and effectively, it allows them to make informed decisions on what actions to take in response to a workplace complaint or allegation. The Top 10 Employment Law Topics Every Employer Should Understand webinar will provide you with an opportunity to learn more about how to recognize the need for a workplace investigation, how to conduct an effective workplace investigation and how to avoid common mistakes that can arise in the course of workplace investigations.

Here are the three key things to be aware of when dealing with a workplace complaint.

Conducting Workplace Investigations

There are a number of events and incidents that can trigger a workplace investigation, such as employee allegations of bullying, harassment or discrimination, allegations of employee misconduct such as theft, or safety issues and accidents – to name a few. While not every incident requires an investigation, employers have a legal duty to investigate certain incidents or allegations.

The webinar will touch on events and incidents that trigger a workplace investigation, as well as best practices for conducting one. We will also discuss the benefits of conducting an investigation and consequences of failing to conduct an adequate workplace investigation.

Administrative Leave

Employers should consider whether any of the parties involved in a workplace investigation should be placed on an administrative leave pending investigation. Placing an employee involved in a workplace investigation on an administrative leave during the course of the investigation may reduce certain risks posed by an employee's continued presence in the workplace. However, not all circumstances warrant placing an employee on an administrative leave, and doing so may create certain risks for an employer.

This webinar will touch on factors that employers should consider when determining whether a triggering event or incident warrants placing an employee on an administrative leave and certain risks associated with placing an employee on administrative leave.

Legal Risk and Consequences

If a complaint warrants an investigation, it is important for employers to carry out a prompt and adequate investigation after becoming aware of the triggering event or incident. The employer's failure to do so can result in negative consequences. As an example, when the results of an investigation are relied on in the termination of an employee for just cause, an inadequate investigation can jeopardize an employer's just cause defense. The workplace investigations component of the webinar will discuss how employers can avoid legal risks and consequences associated with conducting an inadequate investigation.

Learn More About Workplace Investigations at Our Saskatchewan Employment Law Webinar

To learn more, join on us on January 19, 2023, for our SK Top 10 Employment Law Topics Every Employer Should Understand webinar, which will include a presentation on conducting workplace investigations. We will cover the when, who, why and how should you investigate, the types of events that trigger investigation, whether to place an employee on paid or unpaid administration leave pending investigation, and the consequences of good and bad investigations. To learn more about the other topics covered in the webinar and to register, visit our event page.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.