When I think about the investigations I’ve led over the years both as an HR executive inside organizations and as an external advisor and lawyer, one thing has always stood out: how you treat people during the process matters just as much as what you conclude at the end. The ripple effect of an investigation on the workplace can have a significant impact beyond the delivery of the report and communication of the findings. The way the investigation is handled and the decisions you make as investigator can significantly impact the workplace culture, relationships, dynamics, employee and labour relations, and most importantly, those involved in the investigation.
I’ve been on all sides of this work. I’ve been an HR leader managing and conducting investigations internally. During that stage of my career, I also saw first-hand the impact of external investigations on the workplace, some of which were inevitable due to the nature of the investigation, but others that were a result of investigators not recognizing the impacts of their approach and decision-making throughout the process. In those cases, I had to work extremely hard to address the impacts of the investigation, and to restore, repair and heal. I’ve also been the employment and labour lawyer guiding clients through complex cases, or conducting external investigations for organizations of differing shapes and sizes.
And now, as the head of investigations at SWL, I bring all of those perspectives together. My unique career trajectory and what it’s taught me has shaped a philosophy that drives how I approach every investigation or culture review file: be human, be fair, and create a space where people feel safe to tell their story.
Investigations Are Inherently Uncomfortable
Let’s be honest, being part of an investigation is stressful for everyone. Whether you are the complainant, the respondent, or a witness, the experience can feel intimidating and deeply personal. For some, it may be the most difficult professional experience of their lives.
That’s why I believe that the investigator’s role isn’t just to ask questions and take notes. Our job is to create an environment where the truth can emerge, and that only happens when people trust the process and the person leading it.
The truth doesn’t come from a harsh, intimidating cross-examination style. In fact, that approach almost always backfires. People shut down. They give you less, not more. The truth comes when you listen, when you ask questions with care, and when you show that you understand that this is hard for them.
After all, while our job as investigators is to get to the truth, it is my whole-hearted belief that it is also our job to do that in a thoughtful, purposeful and human way, assessing and recognizing the potential impacts of our every move, and doing our very best to minimize the inherently stressful environment of an interview for each participant. Almost anyone can review documents and ask questions. Many can also draft a clear, thorough report. The skill that truly sets an investigator apart is the ability to do all of those things while treating all participants with empathy and respect, and simultaneously ensuring that they have a meaningful (not just procedurally fair) role in the process.
Why Our Approach Is Different
What makes our approach at SWL unique is that it’s born from real-world experience inside workplaces – not just from the outside looking in. Before joining SWL, I spent years leading human resources/labour relations functions, managing investigations internally, and dealing with the aftermath, both in situations where the process was and was not handled well. I’ve seen how investigations can fracture teams, damage culture, fray employee and labour relations, and erode trust when they’re conducted without empathy and critical foresight.
Now, as a lawyer and HR consultant, I’ve also had the privilege of supporting dozens of organizations with their investigations. This combination of HR executive experience, HR leadership inside complex workplaces, and expertise as an employment and labour lawyer has fused into an investigation style that is both rigorous and compassionate. My experience, as well as those of my colleagues at SWL, has resulted in our team recognizing the following core realities of workplace investigations:
- Investigations have ripple effects on morale, relationships, and culture.
- Results obtained through a process undertaken with empathy for the participants is more likely to be accepted by the impacted parties.
- psychological safety, thoughtful communication, and respect aren’t “soft skills”, but are instead essential tools for uncovering facts and maintaining fairness so that you can get to the truth.
Why Being Thoughtful Gets Better Results
Kindness and professionalism don’t compromise thoroughness. They enhance it. When someone feels respected, when they feel that you’re listening and not judging, they give you more. They open up. They share context and nuance you would not hear otherwise.
The relationship that you build with participants starts before the first question is asked. The tone of your first email matters. The way you explain the process matters. The first five minutes of the interview matter. People need to know that you’re not there to trip them up. You’re there to understand what happened, and you’re going to give them the space to share their story.
When that happens, the quality of the information improves. And ultimately, that leads to more accurate findings and stronger decisions.
The Feedback That Tells the Story
The best evidence that this approach works isn’t my opinion. It’s the consistent feedback we get, even from the people who are under the most pressure and who get asked the most difficult questions. For example, respondents to serious allegations in investigations that we have conducted have written to say:
- “I just felt it was important to thank you for your professionalism and what I felt was kindness throughout the investigation process. It truly did make an extremely difficult time for myself and family more manageable.”
- “Your kindness is much appreciated. Honestly, never been in a situation like this, let alone imagined it, you have provided a lot of comfort.”
Complainants and witnesses tell us the same:
- “Thank you for everything. You made this an easier process than I thought it was going to be.”
Even senior executives who are used to being in control and have been accused of serious misconduct have taken the time to let us know that our approach made a positive difference. One wrote:
- “Thank you for the experience today and I will state that you seem so much more professional and relaxing to talk to than the last consultant and I appreciate this during these stressful days. Best wishes in your future, I know you will continue to be successful in your field, you have what I think is a complimentary skillset for the work you are doing.”
That tells me something important: even in the toughest situations, people value dignity, fairness, and humanity.
The Principles That Guide Me
Being empathetic, fair, thoughtful and compassionate are not just empty adjectives that we use to describe our process. They are driven by the principles that lie at the core of our process. These principles are:
- Treat everyone with respect, no matter what the allegations are.
- Treat everyone like a person, not a problem to solve.
- Give people the chance to have their voice heard and their story told.
- Put yourself in their shoes: what would you need or want in this situation?
- Balance empathy with objectivity – being kind doesn’t mean being soft.
- Always keep the bigger picture in mind: the relationships, the culture, and the future of the workplace.
Investigations are about facts and fairness but they are also about people. If you forget that, you risk losing trust and credibility, and causing damage to people and workplaces that cannot always be repaired. If you remember this, you not only get better outcomes, but you have an opportunity to minimize the negative impacts of investigations on people and workplaces, and potentially help organizations heal.
At SWL, we’ve built and refined our investigation practice on this philosophy. It’s not just theory. It’s based on years of doing the work inside organizations, as well as years advising organizations from the outside. It’s how we deliver results that stand up to scrutiny while treating people like people.
Because at the end of the day, the truth emerges when people feel safe to share it.
