Summary of the Due Process Standards of the Investigation

The following reflects the principles discussed in the above section.

1. The suspected one should know the substance of the allegations made against them and be given the opportunity to respond. ¹
2. The investigation should be fair and thorough. ²
3. The employee should be given the relevant Policy Manual. ³
4. The Policy Manual procedures should be followed.  ⁴
5. The employee should be given time to prepare and reply. ⁵
6. The employee should be given a copy of the complaint and any relevant documents.⁶
7. The employee should be invited to retain legal counsel. ⁷
8. Detailed notes should be made. ⁸
9. Original handwritten notes should be retained. ⁹
10. Video taped interviews may be useful. ¹⁰
11. The investigation should be conducted by a third party neutral. ¹¹
12. The inquiry should be limited to that which the suspected one is aware and not be blind-sided. ¹²
13. The manner of conducting the interview should reflect the intent of the investigation.
14. The investigation should be one of true fact finding and not one intended to build a case against the suspected one. ¹³
15. Questions should be open ended and not suggestive of the answer.
16. Fair summaries of the witness’ evidence should be given to those adverse in interest.¹⁴
17. In cases involving termination or other discipline recommendations, apply the analysis of McKinley v BC Tel.
18. The investigation should be fair. One example of the apposite is in Francis in which the investigator did not question any of the plaintiff’s colleagues or superiors and refer to the independent audit conducted by the Bank. ¹⁵
19. The report must be fair and unbiased. An illustration of the opposite was an incorrect recital of three prior events as contrary to the Bank code, as was presented to the panel of decision makers. ¹⁶
20. Witnesses should not be allowed to collaborate with one another in advance. ¹⁷