The need for workplace investigations is increasing in response to harassment issues. A specialist lawyer shares his approach...
In a context where preventing psychological and sexual harassment in the workplace has become a priority, the use of impartial administrative investigations is becoming increasingly common.
David Lecours, a lawyer specializing in labor law and an experienced investigator at Cain Lamarre, shares with Droit-inc his career path, his vision of the practice, and his advice for professionals looking to enter this field.
“We started conducting administrative investigations, often involving psychological or sexual harassment, because clients asked us to. Then demand continued to grow, and so did the team. Today, we have a seasoned team of investigative lawyers,” he tells us.
The first step is to ensure that the complaint is admissible. Is the person actually employed by the organization? Could the facts described constitute harassment under the law? Are there any provisional measures that need to be taken to protect the parties?
Once these verificatoins have been made, the investigation process begins: meetings with the parties, gathering testimonies, analyzing the facts.
The investigation concludes with a detailed report, which indicates whether or not the complaint is justified, sometimes accompanied by recommendations for the employer.
Building trust
In this type of mandate, trust is essential. Me Lecours emphasizes the importance of clear and transparent communication.
“We provide all the information, we answer questions, and make sure people understand our role. We want them to feel comfortable talking to us.”
An investigation involves human relations. You have to understand psychology and the subtleties of verbal and nonverbal communication. It's not just about the law, it's also about listening, insists the lawyer.
“Unfortunately, we see people getting into this field without a good grasp of the legal basics. You have to understand the legal frameworks, internal policies, and employers' responsibilities.”
A rapidly evolving field
Thanks to recent legislative changes, including the requirement for organizations to have a harassment policy in place, the demand for impartial investigations is on the rise.
“Organizations want professional, rigorous work that they can rely on. And increasingly, they are turning to specialized lawyers for these mandates.”
