How To Run a Successful Workplace Investigation

Workplace investigations can cost thousands, and sometime millions, of dollars in lawsuits, especially if you make mistakes during your investigation. 4 Great Ways to Ruin a Workplace Investigation by i-Sight highlights the 4 most common mistakes that are made during a workplace investigation.

Here are some highlights from the article on what not to do, but make sure to check it out in full!

1. Don’t Go in Cold. Hire an expert interviewer to conduct your investigation. A skilled interviewer will use a variety of techniques and build rapport from the start of the interview.

2. Not Doing Your Homework. Research the case, the people and the circumstances surrounding the allegations prior to beginning your investigation. Being prepared will ensure you don’t botch the interview from the start. In addition, don't confront a suspect before you have gathered all of the evidence because if the suspect is aware the investigation is ongoing, they may have opportunity to destroy or delete evidence.

3. Handling Evidence Badly. Ensure you recognize and secure all evidence related to the case, and establish a chain of evidence for admittance to court. Part of recognizing evidence includes crosschecking the suspect’s story and verifying evidence with the suspect to make sure interpretations are correct.

4. Jumping to Conclusions. Don’t make up your mind before you have all the facts! If you already have a theory, you may filter out contrary evidence without even realizing it!


These four points truly summarize some of the main errors that could ruin a workplace investigation. If you plan to run your own workplace investigation to solve issues such as workplace disputes, allegations or accident investigations, there are some other points you should keep in mind.

Ensure you have policies in place that not only provide clear guidelines for employee behaviour, but also outline your investigation procedures. Employee privacy and corporate surveillance policies should be outlined in detail to ensure policies adhere to privacy legislation such as PIPEDA. Learn more about PIPEDA here.

Also plan out your interview process and create a list of people you plan to interview. If possible, bring in a professional interviewer and a lawyer in the early stages of the investigation. You may need to alter your investigation plan along the way as you continue to gather more facts.

If you are not sure where to begin with a workplace investigation, considering hiring a private investigation firm. The Renwick Group offers a full range of investigation services to help you make informed decisions. Undercover operations, fraud investigations and WSIB and LTD investigations are among the services we offer.

Click here to learn more or contact us for more information.

The Renwick Group is Canada’s leading Private Investigation Company specializing in Skip Tracing – we locate hidden assets, people, missing autos & boats, witnesses, beneficiaries, property and missing persons.

We will search and locate anyone.  Our success rate is over 90%.

Corporate Surveillance and PIPEDA

Understanding employee privacy rights during corporate surveillance will help you avoid breach of privacy accusations and litigation.

The Renwick Group provides corporate surveillance services and has a thorough understanding of Canadian privacy legislation. We have implemented a strict privacy policy to ensure we follow all legislative requirements and suggest all businesses do the same.

When building your privacy policy, be sure to have a comprehensive understanding of privacy legislation such as the Privacy Act and PIPEDA. The Personal Information Protection and Electronic Documents Act (PIPEDA), enacted in 2000, has set rules for how private sector organizations may collect, use or disclose personal information in the course of commercial activities (Visit the Privacy Commission of Canada for more information).

Express or Implied Consent?

The basis of PIPEDA is built on the idea of “consent.” Whether express or implied, consent must always be present in respect of any collection, use or disclosure of personal information, though there are some exceptions.

Express consent is difficult to obtain in a litigation context and may be an exception to consent laws. Express consent should still be obtained when seeking disclosure of personal information from a non-party to litigation.

Implied consent is the most prevalent form of consent, especially in the litigation context. Most organizations rely on this type of consent for collection, use and disclosure of personal information in a wide range of litigation activities, including settlement negotiations. Implied consent is limited to what a reasonable person would deem appropriate and does not authorize unlimited or inappropriate collection, use or disclosure of an individual’s personal information.

Exceptions to Consent

Section 7 of PIPEDA is relevant in litigation as it applies to exceptions from implied and express consent. The Privacy Commission of Canada lists the following as relevant sections of PIPEDA in a litigation context:

•  Collection without consent is permitted under paragraph 7(1)(b) where it is reasonable to expect that: 
• the collection with the knowledge and consent of the individual would compromise the availability or accuracy of the information; and 
• the collection is reasonable for purposes related to investigating a breach of an agreement or a contravention of the laws of Canada or a province, including the common law. 
• Use without consent is permitted under paragraph 7(2)(d) where the information was collected under paragraph 7(1)(b) above; and 
• Disclosure without consent is permitted by one of the exceptions listed under subsection 7(3), including the following: 
• for the purpose of collecting a debt owed by the individual,
• where required to comply with a subpoena, warrant or order, or to comply with rules of court relating to the production of records, or,
• when made to an investigative body on reasonable grounds to believe that the personal information relates to a breach of an agreement or a contravention of the laws of Canada or of a province or a foreign jurisdiction. 

Understanding legislative requirements and clearly outlining your privacy policy is an important step in preventing accusations of unlawful use or collection of personal information.

The Renwick Group has experience working with many different types of businesses and organizations providing skip-tracing, fraud investigations, WSIB support, legal team assistance, evidence gathering, employee background checks, and more. We also work with individuals who need help with personal matters. Call us at 1 (888) 722-9807 or visit our website for information.

Privacy is a growing area of responsibility in many organizations

Here is a recent blog post about the growing area of privacy within organizations by The Canadian Underwriters. If you are confused about privacy requirements for surveillance or fraud investigation within your company, we can help you understand the issues.

source: Survey Finds Most Organizations Have at Least One Person Responsible For Privacy

Nearly one in three respondents to a recent survey said their organizations have increased "privacy-related staff" over the past year, but fewer than two-thirds "have a defined privacy officer role," according to information technology research firm Gartner Inc.

Stamford, Conn.-based Gartner released Sept. 25 some results of its study, based on responses by 221 organizations surveyed in April and May. Those respondents — which are responsible for privacy, information technology risk management, information security, business continuity or regulatory compliance — were based in Canada, the United States, Britain and Germany.

"Thirty two percent of survey respondents said that their organizations have increased privacy-related staff from 2012 to 2013 — the most significant increase since Gartner started its privacy surveys in 2008," Gartner stated, but added only 66% of respondents have a defined role of privacy officer.

"Gartner's consistent observation is that privacy programs are only successful if someone is driving them,” Gartner research vice president Carsten Casper stated in a press release. “Almost 90 percent of organizations now have at least one person responsible for privacy. However, having privacy programs that are owned by this individual is still not the norm.

”The survey also found that 43% of respondents "have a comprehensive privacy management program in place" but 7% said they do "the bare minimum" regarding privacy laws. “The handling of personal information for employees, customers and citizens tops the list of requirements respondents believe should be included in a privacy program,” Gartner stated.

“Some organizations — concerned about violating domestic privacy laws and the risk to their reputations — do not store personal data in locations where it can be seized by foreign authorities or is at great risk from cyber attacks. However, central global storage of personal data is becoming increasingly widespread.

For the first time this year, more organizations stored their customer data in a central global place rather than in a regional or local data center, which was the dominant model previously.” More than two thirds (38%) of respondents reported they “transform personal data before transmitting it abroad,” through encryption or similar technology, Gartner reported.


The Renwick Group has the knowledge and experience to help you or your business solve problems such as fraud, skip tracing, locating people, litigation support, labour dispute management, and more.. Please call us at 1 (888) 722-9807 to discuss your situation. We offer services to clients in the GTA and Central Ontario.

Workplace Privacy Fact Sheet

Here's an interesting overview of Privacy in the Workplace, the illustration and fact sheet are from The Office of the Privacy Commissioner of Canada.

"Whether or not privacy is protected by law or contract, respecting privacy in the workplace makes good business sense.
People expect to have some privacy at work, even if they are on their employer's premises and using the employer's equipment. At the same time, it's normal that working for someone will mean giving up some privacy. Employers need basic information about their employees for things like pay and benefits, and they have to be able to ensure that work is being done efficiently and safely.

But the possibilities for infringing on privacy are greater than ever before. Psychological tests, web-browsing records, video surveillance, keystroke monitoring, genetic testing: the information an employer can have about employees is limitless.

Employers can balance their "need to know" with their employees' right to privacy, if they ensure that they collect, use, and disclose personal information about their employees for appropriate purposes only.

Employers have legitimate requirements for personal information about their employees. They need to know who they're hiring. They need to address performance issues and ensure the physical security of their workplace. And they may see electronic monitoring and other surveillance as necessary to ensure productivity, stop leaks of confidential information, and prevent workplace harassment." [read full article]

Employers need to know about workplace Privacy, and if the expertise in not in-house they should contact a professional. Call The Renwick Group if your business is in need of Corporate Surveillance or Pre-Employment Screening or you have questions about workplace Privacy. We have the experience and knowledge to handle these important services.