What Makes an Investigation Complex?

More and more, the investigations we’re seeing involve challenging aspects that make them increasingly complex. Gone are the days of straightforward, single-faceted investigations. Today, nearly every intake and complaint contains elements that add layers of complication. A recent workshop with Rubin Thomlinson succinctly summarized some key factors that contribute to these challenges.

Multiple Complainants and Respondents

The more parties involved, the harder it becomes to maintain confidentiality. Determining whom to interview; and how many witnesses are necessary; while ensuring procedural fairness is a balancing act. The timeline often extends, as each participant must be interviewed individually.

In some cases, complainants may also serve as witnesses. Their participation should be clearly separated based on their role during each stage of the process. The potential for collusion also exists, so it’s important to understand the relationships between parties and the motivations that could affect their credibility.

Uncooperative Participants or Former Employees

Participants may be uncooperative for various reasons: fear of reprisal, reluctance, or simply because they’ve left the organization and don’t wish to be involved. Nevertheless, there remains an obligation to investigate. You may need to decide whether to proceed without their cooperation and rely on other witnesses or evidence, or shift to a workplace assessment to uncover additional information that might help resolve the issue.

Anonymous Complaints

Anonymous complaints are often overlooked, but there is still a duty to investigate them. These cases demand extra effort; either by encouraging the anonymous reporter to come forward or by finding alternative ways to verify the concerns raised. Workplace assessments focused on the relevant department or function can help determine whether the complaint has merit. This process may also uncover others who are willing to share information or act as witnesses.

Counter-Complaints

Counter-complaints are a familiar source of complexity. Often, a respondent will raise a new complaint during the investigation process. Depending on the timing and nature of the counter-complaint, the investigator may treat it as a separate issue or include it in the original investigation. The key is not to ignore it. Like any rebuttal or new information that arises, it must be addressed and documented. Failing to do so can undermine the credibility and defensibility of the entire investigation.

Conclusion

Complexity appears to be the new normal in workplace investigations. The key is to thoroughly assess and prepare for each case to ensure all relevant aspects are properly considered and addressed.

There may be instances where an investigator decides not to pursue a particular line of inquiry. Such decisions should be based on sound reasoning—and, just as importantly, clearly documented. Maintaining detailed records of your rationale at each step will support the integrity of the process and strengthen the final report and any justifications that follow.