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Investigations and Retaliation

Investigations and retaliation prevention are named ELR key concepts, sitting next to ADR, progressive discipline and grievance resolution in the same BASK list. The keyed answers turn on protecting the integrity of the inquiry and acting on what you can verify now.

Plan before you disclose

Workplace investigation techniques mean planning the order of interviews and the documents to gather before anything is disclosed to the subject.

  • Handing the supervisor the complaint before evidence is secured invites influence on witnesses.
  • Sending the complainant back to the person complained of is not an investigation.
  • Closing on a partial document review, before any interviews, decides the matter on incomplete facts.

A predetermined conclusion is not an investigation

When a department head says he already knows what happened and wants the file closed, explain that the complaint requires an investigation and proceed with the planned interviews and evidence review. Interviewing only the accused designs the inquiry to confirm one side. Referring the matter straight to arbitration misuses an ADR type as a substitute for fact-finding the employer still owes.

Retaliation prevention

Retaliation prevention is an ELR concept, not a Technology Management, Workforce Management or Structure of the HR Function one. When a witness's assignments and meeting invitations change a week after she cooperated, treat it as a retaliation concern: examine the changes and intervene with the manager. Calling it ordinary management discretion mislabels the pattern; waiting a quarter lets evidence fade; telling her to file a grievance shifts the burden to her.

What you can and cannot promise

Grievance and complaint resolution comprises the grievance procedure, the investigation and the appeal. So tell a worried witness two true things: information will be shared only as needed for the investigation, and there is an appeal step. Never promise absolute confidentiality, which an investigation cannot keep, and never refuse to interview a witness who asks for conditions.

Carry this in: plan first, act on retaliation now, promise need-to-know and never absolute.

Knowledge check

5 questions on what you just read. Each answer shows the full explanation and its source.

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