Understanding the Context and Background
Every workplace complaint has a unique context. Before diving into the details of the complaint, it’s crucial to understand the background, including the organizational culture, relationships between the parties involved, and any previous incidents that might influence current perceptions. Context helps frame the complaint and provides a baseline for assessing the individuals’ credibility.
Consistency of Statements
One of the first indicators of credibility is the consistency of the complainant’s and respondent’s statements over time. Look for:
- Internal Consistency: Does the person’s account remain consistent when retold on different occasions?
- External Consistency: Does the person’s account align with other evidence, such as documents, emails, or witness statements?
Inconsistencies don’t automatically indicate dishonesty; they may result from stress, trauma, or memory lapses. However, significant and unexplained inconsistencies can raise red flags.
Corroborating Evidence
Corroborating evidence plays a vital role in assessing credibility. This can include:
- Witness Testimony: Do other employees provide accounts that support or contradict the complaint?
- Documentary Evidence: Emails, text messages, and other documents can provide timelines and context that support or challenge the claims made.
- Physical Evidence: In some cases, physical evidence like time logs or surveillance footage can be pivotal.
Corroboration doesn’t always mean direct evidence; it can also include circumstantial evidence that supports a narrative.
Behavioural Cues and Demeanour
Observing the demeanour of the complainant, respondent, and witnesses during interviews can offer insights into credibility. Be mindful, though, that demeanour alone is not a reliable indicator of truthfulness. Some people may appear nervous or evasive due to the stress of the situation, not because they are being untruthful. However, look for behavioural cues that are inconsistent with the content of the testimony, such as:
- Avoidance: Refusing to answer specific questions or providing vague responses can be a sign of deception.
- Overly Detailed Responses: Providing excessive detail on irrelevant points may be a tactic to distract from the main issues.
- Shifting Blame: Be wary of individuals who consistently shift blame onto others without taking any responsibility themselves.
Motive and Bias
Consider the potential motives and biases of all parties involved. Ask yourself:
- What might this person gain or lose from the outcome of the investigation?
- Are there any pre-existing conflicts or relationships that could influence their account?
- Is there evidence of bias, such as favouritism, personal grudges, or discrimination?
Understanding these underlying factors can help explain why someone might exaggerate, downplay, or fabricate their version of events.
If your organization is facing a serious internal conflict, it may be time to consult a third-party professional. Not just anyone will do – it’s incredibly important to do your research and pick the right investigator near you to conduct a thorough, unbiased workplace investigation. The goal is to get all the facts required to make a thoughtful, informed decision based on the outcome of the process.
Discover Global Mindful Solutions’ Investigation services to better understand how we can help you resolve conflict and maintain workplace productivity.
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Assessing the Plausibility of the Account
Evaluate whether the account provided is plausible given the circumstances. This involves critical thinking and applying common sense:
- Is the sequence of events logical?
- Does the account align with known facts about the environment or context?
- Would the alleged behaviour be out of character for the individual involved?
Plausibility assessments are subjective but can be informed by experience and knowledge of human behaviour.
Impact of Power Dynamics
Power dynamics in the workplace can significantly influence the credibility of complaints. For example, a junior employee might feel intimidated or fearful of retaliation, leading to underreporting or hesitant behaviour during interviews. Conversely, a senior employee might use their position to influence the accounts of others. Recognizing these dynamics is essential in ensuring a fair assessment of credibility.
Documentation and Record-Keeping
Meticulous documentation is critical throughout the investigation process. Record all interviews, observations, and evidence collected in detail. This not only provides a clear record for your decision-making but also protects the integrity of the investigation if it is later scrutinized. Good documentation practices help ensure your credibility assessments are based on a comprehensive and accurate investigation record.
Final Assessment: Weighing All Evidence
After gathering all relevant information, take a step back and consider the evidence as a whole. Credibility assessments should not be based on a single factor but rather on a holistic evaluation of all available information. Weigh the consistency, corroboration, demeanour, motive, and plausibility together to make an informed judgment.
Conclusion
Assessing credibility in workplace investigations is a nuanced process that requires a careful and balanced approach. You can make more informed and just decisions by understanding the context, seeking corroborating evidence, evaluating behavioural cues, and considering motives and biases. Remember, the goal of any investigation is not just to determine what happened, but to do so in a way that upholds fairness and integrity for all parties involved.
These guidelines can serve as a helpful foundation for your practice as you navigate the complexities of workplace investigations. Whether you’re handling a straightforward complaint or a more complex situation, a methodical approach to credibility assessment will support fair and equitable outcomes.
If your organization is experiencing roadblocks in finding effective ways to manage workplace conflict and needs professional investigation or mediation services, consulting with a neutral third party will help resolve distracting, challenging situations and empower all participants to settle on an agreeable solution that propels your organization forward.
At Global Mindful Solutions, we have established processes that aim to provide insightful, comprehensive solutions with a compassionate and unbiased approach. This allows everyone involved to focus on returning to work and continuing to make a positive contribution to their organization while leading fulfilling careers.
Contact Global Mindful Solutions for neutral, knowledgeable, and effective mediation, facilitation, and restoration services.
613-869-9130 | info@globalmindfulsolutions.com
343 Preston Street, Suite 1100, Ottawa, ON, K1S 1N4
Related articles on workplace investigations:
- Workplace Investigations and Mental Health
- Navigating External Investigations: How Human Resources Can Prepare Organizations for Workplace Conflict
- Professionalism, Impartiality, and Empathy in Workplace Investigations
- Why Fair and Timely Workplace Investigations are Imperative
- Workplace Investigation Aftermath
- Post-Investigation Strategies: Implementing Changes for a Healthier Workplace
Philippe Patry
Philippe is a member of the ADR Institute of Canada, a member of the Institut de médiation et d’arbitrage du Québec, a member of the BAR since 1995, and holds a Chartered Mediator (C. Med). As a bilingual lawyer, trained investigator, and dispute resolution expert with a wealth of experience in social work and psychology, Philippe is uniquely qualified to perform workplace investigations, mediations, restorations, and mindfulness services for public and private sector organizations. Acting with sensitivity, Philippe combines decades of experience and a passion for helping others in his comprehensive, evidence-based approach to workplace dispute resolution.