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