A fair and unbiased investigation process

Clarifying the issues and establishing the facts

Our employment law experts regularly see client investigations that appear to be on track and going in the right direction. However when examining the documentation, there can sometimes be issues and errors. For example, facts are skewed...

Here's some things to be mindful of.

The person carrying out the investigation shouldn’t be involved in the issue.
Be clear about the relevant issues.
If in doubt, gain clarification from the person who asked for the investigation or the employee who raised the grievance.
Always remember to establish the facts.
Don’t be swayed by opinions. Instead, consider the factual evidence.
Don’t prejudge the outcome.
Dedicate sufficient time to the investigation to ensure you establish the facts.

How to avoid bias during an investigation

We all know that ‘Joe’ is usually late, or that ‘Sally’ has a bad attitude when dealing with customers. However, these pre-formed judgements whether true or false cannot seep into an investigation.

Here's some tips.

Make sure you remain neutral
Don’t judge the interviewees
Stay focused on the evidence
Avoid affirming phrases
Don’t make assumptions
Don’t ask leading questions
Evaluate the evidence

Conscious and unconscious bias

In reality, people who conduct investigations are susceptible to both conscious and unconscious bias.

An investigator may be biased based on outside influences, such as the media's portrayal of harassment at work or past experiences with employees.

Everyone can think in a way that involves unconscious bias at some point, but it's important to be aware of it and not let it affect behaviour or decisions.

Confirmation bias is another to avoid all together. This is where we look for patterns to confirm our point of view. It's important to focus on the present.