Workplace & Organizational Investigation
Knapp Resolutions provides independent and impartial workplace investigation of alleged wrongdoing involving complex and sensitive situations.
Cherolyn is an experienced workplace and organizational investigator, having conducted dozens of independent investigations in various public, private, non-profit, unionized, and non-unionized settings. She combines her extensive legal experience with her conflict communication skills to provide an evidence-based, trauma-informed approach that ensures procedural fairness to participants at every step of the process.
An active member of the Association of Workplace Investigators and the Workplace Investigations section of the Canadian Bar Association BC Branch, Cherolyn maintains current knowledge of legal developments related to workplace investigations law. Cherolyn also regularly trains and presents on workplace investigations topics.
Considerations Before Beginning a Workplace Investigation
Most organizations have written policies and procedures which outline the steps to be taken when complaints are submitted or wrongdoing is alleged. Before accepting an investigation engagement at Knapp Resolutions, we explore the following points with client representatives:
- What is the nature of the concerns that have been brought forward?
- Are the concerns of a nature that, if true, would require a disciplinary response?
- What are the overall objectives of the person who brought forward the concerns?
- Are there other procedural steps that could effectively hear, address, and resolve those concerns?
- What do the organizational policies and procedures state about the conduct of investigations?
- Has the organization received legal and human resources advice regarding its rights and obligations?
What to Expect
A number of steps are required to ensure procedural fairness in independent investigation processes. This often means that investigations by an independent investigator take longer and cost more than most people would wish. In general, participants in an investigation with Knapp Resolutions can expect the following steps, subject to requirements of the organization’s own policies and procedures:
PHASE I
Preliminary Discussions
- Preliminary communication with Complainants and Respondents regarding the process.
- Discussion about the need for confidentiality of the process with participants.
- Explanation of the limits on assurances of confidentiality to witnesses in the event of future legal proceedings.
PHASE II
Interviews & Evidence Gathering
- Narrative style interviews with Complainants, Respondents and Witnesses in order to fully understand their perspectives.
- Correspondence with Respondents to ensure they know the allegations with sufficient particularity in preparation for an interview.
- Sharing of additional detail with the Respondent during the interview so they have a fair opportunity to respond in full.
- Written interview summaries sent to each interviewee to correct if needed.
- Follow up interviews when needed to provide Complainants and Respondents an opportunity to respond to contrary information gathered.
- Comprehensive gathering and analysis of relevant documents and records.
PHASE III
Review & Report
- Preliminary Summary of Facts for Complainants and Respondents to have the opportunity to review and comment on all relevant information being considered before findings and decisions are made.
- Final Investigation Report, which contains a review of the facts as well as the investigator’s analysis including assessments of credibility, findings of fact on a balance of probabilities, and determinations regarding conduct which is found to have occurred contravened the organization’s policies or law.
- In the case of multiple Complainants and/or Respondents, separate reports are produced for each set of allegations.
- Optional: Supplementary memorandum providing observations about information outside the scope of the investigator’s mandate which the employer may wish to look into further, and remedial recommendations (not related to discipline)
Post Investigation
- Once final investigation reports are submitted to the organization, the investigator’s mandate is complete.
- It is the organization’s responsibility to inform Complainants and Respondents about the outcome and make decisions about corrective or remedial action, if applicable.
- Documents and records are maintained in accordance with the employer’s Privacy Policy, Knapp Resolutions’ Privacy Policy and applicable privacy and freedom of information legislation and regulations.
Cherolyn Knapp is a knowledgable and experienced conflict resolution expert.
Cherolyn’s practice focuses exclusively on conflict and dispute resolution as a neutral party. She is especially well-known for navigating high-conflict and difficult situations. Cherolyn leverages over 15 years of prior experience as a civil litigation lawyer in a range of conflicts and disputes including workplaces, property, contracts, estates, business partnerships, and more.
