Introduction
For those of us with experience in conducting internal workplace investigations, we know the process can sometimes negatively impact the workplace culture. When employers merely provide the results of the investigative process to the complainant and the respondent and then close the investigative file, they miss an opportunity to review and possibly improve their investigative process.
This missed opportunity can lead to a significant decline in trust toward management and HR when employees perceive the investigation process as unfair. Such erosion of trust can foster a culture of fear, discouraging employees from reporting misconduct.
However, there is hope. Employers can reduce the perception of mistrust and underreporting by implementing thorough post-investigation debriefs. Effective debriefs offer a structured opportunity for employers to evaluate the effectiveness of the investigation and gain insights into the process that can enhance future investigations.
Who Should Be Included in the Debrief?
In most organizations, HR plays a pivotal role in the internal workplace investigation process, and in some cases, an HR representative may even lead the investigation. Regardless, involving HR in the debriefing process is key to ensuring a comprehensive review of the investigation is conducted.
If a representative of HR did not conduct the investigation, it is crucial for the lead investigator to be included in the debriefing as they can offer valuable context regarding how the investigation was conducted as well as the rationale behind their conclusions.
Additionally, involving a department head or manager from the relevant work area is essential, as they can provide valuable insights into how the investigation’s outcomes may impact the department’s operations and team dynamics.
Lastly, and if applicable, having the employer’s legal counsel participate in the debrief may help to ensure that the employer is protected from potential liabilities.
How to Conduct an Effective Investigation Debriefing Meeting
Step 1: Timing
Select an appropriate time for the debriefing session, which allows ample opportunity to thoroughly discuss all aspects of the investigation without feeling rushed. It is important to schedule this meeting promptly following the investigation to ensure the information gathered remains “fresh”.
Step 2: Meeting Instruction
Before the meeting, a Chair should be appointed to facilitate discussion. During the session, the Chair should highlight the importance of fostering open dialogue while reminding the team to maintain confidentiality. Additionally, team members should understand that the primary focus of the meeting is to identify strategies to continually enhance the investigative process rather than dwelling on the outcomes of previous investigations.
Step 3: Review of the Conduct of the Investigation
The review of the investigative process will be the most critical aspect of the meeting. During this discussion, the team should concentrate on the execution of the investigation. Key questions to address include whether each party received procedural fairness and, if so, how it was done. Additionally, the team should evaluate the methods used by the investigator to collect evidence during the investigation, ensuring the process was ethical. The team may also examine the thoroughness of the investigation to guarantee that all relevant evidence is identified for future investigations.
Step 4: Review the Findings
The findings presented in the report should be thoroughly examined. It is important to consider whether the investigator effectively based their conclusions on the evidence collected, aligning their findings with the facts. Discussing this will also allow the team to review the existing policies, procedures, and practices relied upon during the investigation, as they may require updates.
Step 5: Communicating Changes
An important element of the debriefing process is updating employees on any changes to the investigative processes and procedures. This communication is essential as it fosters a sense of transparency and fairness among employees.
Conclusion
Internal workplace investigations are an important yet challenging aspect of maintaining a healthy organizational culture. While these investigations can inadvertently lead to negative perceptions and diminished trust, employers have the opportunity to turn this around through diligent post-investigation debriefing. By establishing a comprehensive debriefing process that involves key stakeholders, employers can gain invaluable insights into their investigative practices and procedures.
Through effective debriefs, employers can assess fairness, refine processes, and ultimately promote a culture of transparency and continuous improvement. When employees see that their concerns are taken seriously and that there is a commitment to enhancing the investigative process, it fosters trust and encourages them to report misconduct. By prioritizing these measures, employers can navigate the complexities of workplace investigations while ensuring a more positive and productive work environment for all.
About the Author
Devan Corrigan is a seasoned expert in workplace investigations and labour relations, bringing over 20 years of human resources experience to his consulting firm, founded in 2017. His firm specializes in conducting workplace investigations, specifically investigating complaints related to harassment, discrimination, workplace violence, and other forms of misconduct. He holds a Master of Industrial Relations from Queen’s University, an Honours Degree in Psychology, and a certificate in Human Resources Management from Saint Mary’s University. He has written several articles for Queen’s IRC, including Fairness in Workplace Investigations: How Much Should Respondents Know?, Reducing Participant Stress Before a Workplace Investigation and The Myth of Body Language as a Credibility Assessor.
Devan is the lead facilitator for the Queen’s IRC Fact-Finding and Investigations program.
