If you’ve ever been involved in a fact-finding investigation – whether as a complainant, respondent, or witness – you know it can be a stressful and uncertain experience.  One of the most important things you can do to enhance your credibility is to participate in good faith.

But what does that really mean for employees? And why does it matter?

1. What Is Good Faith in an Investigation?

Good faith means showing up to the process with honesty, respect, and a willingness to cooperate. It doesn’t mean you have to be perfect, or that you can’t be nervous or upset.  But it does mean:

- Telling the truth to the best of your ability and knowledge.

- Respecting confidentiality and not discussing the investigation with others.

- Responding to requests for interviews or documents in a timely and respectful way.

- Avoiding retaliation or gossip about others involved.

Good faith is about engaging with the process sincerely – not trying to manipulate it, delay it, or undermine it.

2. How Is Good Faith Assessed?

Investigators look at your conduct and attitude during the process. They’re not just listening to what you say – they’re also paying attention to how you say it, how cooperative you are, and whether your actions support a fair process.

Some signs of good faith participation include:

- Being truthful and consistent in your statements.

- Showing up for scheduled interviews and responding to follow-ups.

- Clarifying misunderstandings rather than becoming defensive.

- Acknowledging mistakes if they happened, rather than denying or deflecting.

On the other hand, if someone lies, withholds information, or tries to intimidate others, that may be seen as acting in bad faith – and it can have serious consequences.

3. What Do the Courts Say About Good Faith?

Canadian courts have made it clear: good faith matters. In several cases, courts have criticized both employees and employers for failing to act fairly and honestly during investigations.  In other cases, employees who were dishonest or obstructive during investigations have had their discipline, up to including terminations, upheld because their conduct undermined trust.  The Supreme Court of Canada has also recognized a general duty of honesty in employment relationships. That means both sides – employers and employees – are expected to act with integrity, especially during sensitive processes like investigations.

4. Why Good Faith Matters

Participating in good faith isn’t just about following the rules – it’s about protecting your own credibility and helping ensure a fair outcome. Here’s why it matters:

- Credibility is key: If you’re honest and cooperative, your version of events is more likely to be taken seriously.

- It protects your rights: Acting in good faith helps ensure that the process is fair and that your concerns (or your response) are properly considered.

- It builds trust: Even if the outcome isn’t what you hoped for, participating respectfully can help preserve your professional reputation.

- It reduces risk: Bad faith conduct – like lying or retaliating – can lead to discipline, termination, or even legal consequences.

Being part of a workplace investigation can feel intimidating. But by participating in good faith – being honest, respectful, and cooperative – you’re not only helping the process, you’re also protecting yourself. If you’re ever unsure about your rights or responsibilities, don’t hesitate to ask questions or seek support from HR, labour relations or the union (if unionized).

A fair process depends on everyone doing their part – and that starts with good faith.