top 10 mistakes: investigating harassment complaints
top 10 mistakes: investigating harassment complaints
september 19, 2013presented by zaheer lakhani
remedies available to complainant
human rightscomplaint
actions for negligence
constructivedismissal claim
actions for intentionalinfliction of
mental suffering
implications of getting it wrong
24
mistake one:failing to provide
procedural fairness
mistake one
what procedural fairness means
•name of complainant•particulars of the allegations•full opportunity to respond•decision after reviewing all evidence
3
mistake two:not taking the complaint
seriously
mistake two
taking it seriously
• everyone has a different comfort zone• be mindful of internal biases• act quickly and respectfully
5
mistake three:using untrained
investigators
investigators
submit report interview parties
make finding review anydocuments
role of investigators
7
knowledge
• not witnesses to events
• knowledgeable about the law on harassment/bullying
• well-versed in the organization’s policies and procedures
personal attributes
• unbiased• credible• facilitate resolution• sensitive• listen, interview and
communicate effectively
• able to identify relevant information
• speak comfortably• resolve conflict
effectively• lead by example
position/organizationalissues
• available to the parties
• do not have a conflict of interest
• have sufficient authority
effective investigators
8
mistake four:using an internal
investigator when an external one is
preferable
10
external investigator
• serious allegations• high level management• HR too close to the
events • multiple incidents• public relations issues• police are involved
internal investigator
• less serious• single incident• issues are clear
selecting the investigator
mistake five:failing to remain neutral
mistake five
being neutral
• be mindful of internal biases• try not to be persuaded by what you
know about the parties• you are not “out to get” the respondent
12
mistake six:not documenting
properly
about your notes
proper note taking
• take notes • have parties read and sign notes • list issues or discrepancies to follow up
on • record facts, not assumptions or opinions • include as much detail as possible • use an investigation evaluation grid
14
mistake seven:failing to appreciate the
psychological dynamics
psychological dynamics
• most people are reluctant to complain• fearful of what will happen and the
seriousness of the process• may not be completely “innocent”• people sometimes stay for a long time
before complaining
mistake seven
16
mistake eight:mishandling reluctant
complainants
mistake eight
the reluctant complaint
• try to reassure and obtain trust but don’t sugar coat
• a resolution without an investigation may be possible
• don’t be too quick to start an investigation but investigate if necessary
18
mistake nine: applying the wrong
standard of proof
standard of proof
balance of probabilities
• civil standard not criminal standard• more true than not• use a higher standard if allegations are
very serious• may have to make a finding on credibility
20
assessing credibility
factors to consider
• self-interest• motivation for false statement • internally consistent • story is plausible• ability to observe events• opportunity
21
mistake ten:failing to advise the complainant of the
outcome
advising the parties
what information to provide
• notify parties of outcome• outline how you have resolved the
complaint• provide summary of findings• repair strained team relations
23
questions
top ten mistakes: investigating
harassment complaints
