Defensible Investigations

Complaints of significant workplace misconduct, professional incompetence/ negligence and harassment and bullying are on the rise in every organization – small and large, unionized and non, private and public sector. So, too, is litigation stemming from adverse findings resulting from investigations into these matters. As part of this litigation, individuals commonly assert deficiencies and improprieties in the review process itself. Recent court decisions have awarded significant monetary damages to individuals on the basis of faulty conclusions arising from unfair/biased workplace investigations.

In this workshop, Marli Rusen will introduce leaders to her MIRROR Method – a practical and legally defensible framework to follow to ensure that they conduct – and are seen to conduct – fair and objective workplace reviews.

Learning Outcomes:

• Understanding the difference between informal and formal “reviews” and knowing when to choose which type of review;
• Understanding the difference between an investigation of an incident, a review of dynamics between particular staff members and an environmental “scan” of an entire department;
• Understanding the meaning of “objective”, “neutral”, “fair” and “timely” in the context of workplace reviews;
• A framework for conducting a proper review, including: appropriate lines of inquiry; acceptable ways to question witnesses; the order in which witness should be interviewed; how to assess credibility of witnesses; the distinction between findings of fact and conclusions; and the preparation of a proper and defensible investigative report; and
• Guidance for challenging issues such as aggressive/emotional witnesses, refusals to participate, the suspicion of mental health issues, unreasonable or disrespectful intervention/interference by employee representatives/legal counsel and otherwise.

Dates for this workshop have not yet been set.