why i became a workplace investigator and why it should matter to you
These days, it’s hard to go a day without reading a splashy headline in the news about incidents of discrimination, harassment, violence and misconduct in the workplace. It happens in Hollywood studios, it happens in national sports organizations, it happens in educational institutions and it happens in organizations just like the one that you work at – no industry, sector or workplace is immune.
My hubs loves to tell people that I’m a private investigator, and while this is technically true, I don’t do any of the crazy stunts that you may be picturing in your head (like climbing a tree to take clandestine or incriminating pictures) – there’s no way that I’m coordinated enough to pull that off.
At cocktail parties and networking events (which I do try and steer clear of, given that I self-identify as an extroverted introvert!), whenever I’m asked what I do for work, I explain that I’m an independent licensed workplace investigator - that I investigate allegations or complaints of discrimination, harassment, violence and/or misconduct in the workplace. And usually, their eyes grow round, they lean in a bit closer and they ask me a round of rapid-fire questions, as if I’ll spontaneously combust in 30 seconds.
Here are the most common questions that I get asked about the work that I do as a workplace investigator. And really, organizations of all sizes should know the answers to these questions in order to protect their employees, to protect their interests and to protect their reputations.
1. WHAT is a workplace investigation?
In simplest terms, a workplace investigation is a process to figure out “what happened”. It’s a fact-finding process to determine whether misconduct or inappropriate behaviour has occurred. Workplace investigations are most often triggered by allegations or an internal complaint, but they can also be set in motion when there is suspicion that misconduct, inappropriate behaviour or that something “rotten in the state of Denmark” is going on.
2. WHEN should you conduct a workplace investigation?
Organizations should conduct investigations when there have been allegations or complaints of misconduct from employees, contractors, clients/customers or members of the public.
In my view, the best way to determine whether you should conduct a workplace investigation is to ask yourself the following questions:
If the allegations or complaints are true, is this behaviour
violating your policies?
exposing the organization to risk – whether it be legal or reputational risk?
causing harm to your employees (physically, mentally, or emotionally)?
negatively impacting your workplace culture?
If the answers to any (or all!) of these questions is “yes”, I would recommend conducting a workplace investigation.
3. WHY should you conduct a workplace investigation?
For so many reasons!
a) It’s not optional. In many provinces across Canada, employers have legal or statutory obligation to create a healthy and safe work environment. For example, under most Occupational Health and Safety legislation in Canada, employers must investigate any incident of harassment or violence, take actions to address the incident, and prepare a report outlining the circumstances, the process undertaken, the actions taken to address and resolve the incident and to identify the measures taken to prevent this situation from happening again.
b) It’s too costly not to. Failure to conduct an effective workplace investigation can lead to hefty fines (to the tune of $10,000 per day, in some jurisdictions), not to mention any associated legal fees, court-awarded damages and irreversible reputational damage.
c) It’s the right thing to do. Building trust with employees, acting with integrity and demonstrating genuine care, fosters productivity, engagement, commitment and loyalty to the organization. As an organization and leader, wouldn’t you want to know if inappropriate behaviour was occurring in your workplace? Wouldn’t you want to take steps to identify, address and resolve any behaviours that were creating feelings of discomfort and/or disrespect in the workplace? Wouldn’t you want to be known as an organization and leader that doesn’t tolerate unacceptable conduct?
4. WHO should conduct the workplace investigation?
There are good reasons for appointing an internal investigator and good arguments for hiring an external investigator (both of which I’ll cover in a future blog post), but really, the most important consideration is whether the investigator is competent – that is, is the investigator someone who is qualified and/or experienced in conducting workplace investigations. Conducting an investigation isn’t something that you “wing” or “learn as you go” or “hope for the best”. Investigations involve sensitive (and sometimes traumatic) events, so it’s critical that an investigator has been trained in and is experienced in navigating the problems and complexities of investigations. Organizations that mishandle investigations can (and have been) held liable.
Now, inevitably, I also get asked why I chose this line of work, and the truth is that I didn’t choose it, it chose me. Years ago, I was working in a job that gave me all the feels: challenging work, stretch projects, skills development and amazing clients. BUT I worked for someone who was disrespectful,and toxic. They seized every opportunity to push me down and make me feel small – in private and in public. I felt handcuffed. I loved the job and all the opportunities that it provided me with, but I couldn’t stomach the lack of respect, stress, and anxiety brought on by my manager. I asked for help from the higher ups but my pleas fell upon deaf ears – which is ironic, since I worked in HR. I endured the abuse for longer than I should have and I finally chose to quit (though it didn’t feel like much of a choice at the time). On the day that I tendered my resignation, I remember feeling both tremendous relief and overwhelming grief. Relief that I would no longer have to work with and for someone who didn’t respect or value me and grief for all the missed opportunities and amazing clients that I was walking away from. From that day onwards, I have tried really hard to listen to my gut, to be my own advocate and to trust my values to guide me in making decisions.
Years later, I found myself being pulled towards the field of workplace investigations. The work itself is so interesting, complex and layered - you’ll have to trust me when I say that no two days (or cases) are alike. The work can also be very intense, highly emotional and all-consuming at times. But I love it. And I feel so honoured and privileged to be trusted by my clients to do this work - to do it thoroughly and fairly, but also to do it empathetically and compassionately. Because at the end of the day, we’re all human.
May 19, 2020
Saira Gangji is an independent licensed Workplace Investigator at hrology in Calgary, AB. She investigates allegations of discrimination and human rights, harassment, violence and misconduct in the workplace. For more information about hrology and our process, see the work with me page.