Al, a team lead at a public agency, was informed by HR that a workplace harassment complaint had been filed against him.  He was named as the respondent.  Al felt surprised and anxious, unsure of how to proceed.  Being named as a respondent in a workplace investigation can be unsettling. Whether the complaint involves harassment, discrimination, or other type of misconduct, understanding your role and rights is essential to navigating the process fairly and effectively.

1. What Is a Respondent?

A respondent is the individual alleged to have engaged in conduct that prompted a workplace complaint. This does not mean that wrongdoing or a breach of a policy has been established or occurred. The investigation is a neutral, fact-finding process designed to determine what occurred, based on evidence and procedural fairness.

2. The Respondent’s Role in the Investigation

As a respondent, your role is to participate in the investigation process in good faith. This includes:

- Receiving notice of the complaint and the allegations against you

- Participating in an interview, where you’ll have the opportunity to respond

- Providing relevant evidence, such as emails, messages, or witness names

- Maintaining confidentiality to protect the integrity of the process and the privacy of all parties

- Understanding your and other’s protection against reprisal

3. Best Practices for Respondents

Stay Calm and Professional. It’s natural to feel defensive or anxious, but maintaining professionalism helps ensure a smoother process. Avoid retaliatory behaviour or discussing the matter with colleagues.

Understand the Process. Request a copy of the investigation policy. It will outline timelines, your rights and duties, and how findings will be communicated.

Prepare for the Interview. Review the allegations carefully; Reflect on the events and gather any supporting documentation; Be honest and clear in your responses. If you don’t recall something, it’s okay to say so.

Take Notes. Keep a personal record of your interactions related to the investigation. This can help you stay organized and provide clarity if needed later.

Respect Confidentiality. Sharing details of the investigation with others can undermine the process and may lead to disciplinary action.

4. When to Seek Legal Advice

While not every respondent needs a lawyer, legal advice is strongly recommended when:

- The seriousness of the allegations

- You’re unsure of your rights or the fairness of the process

- You’re facing potential disciplinary action, including termination

Being a respondent in a workplace investigation is a serious matter, but it’s also an opportunity to clarify facts and participate in a fair resolution process. By understanding your role, preparing thoughtfully, and seeking support when needed, you can navigate the investigation with confidence and integrity.