The first step is to identify the allegations contained in the complaint or report. Unless otherwise noted, it is essential to validate this information directly with the complainant or whistleblower to ensure its accuracy. This communication is also necessary when the complaint is not sufficiently detailed. If this is not possible, the admissibility analysis can be conducted on the identified allegations.
Every organization is governed by a set of rules: internal policies, codes of conduct, collective agreements, laws and regulations.
At this stage, it is essential to identify the applicable legal framework in order to properly carry out the admissibility analysis, both on a technical and substantive level.
This step serves to verify whether the conditions set out in the applicable legal framework are met. For example, it is during this stage thatwe will determine whether two essential elements are satisfied:
● The status of the complainant: is the complainant included in the applicable legal framework?
● Time Frame: was the complaint filed within the prescribed time limits?
This step serves to determine whether the allegations, assumed to be proven on a balance of probabilities, meet all the criteria set out in the definition of harassment. In other words, the analysis proceeds on the basis that the allegations are established, and the question is whether they constitute harassment.
Once these steps have been completed, a conclusion is made regarding the overall admissibility. This step allows for the assessment of the allegations' admissibility and, if applicable, the decision on the next steps, such as conducting an investigation in certain cases.
The process should be documented to allow for better monitoring of the file in the event of another situation involving the same individuals, for example.
The admissibility analysis is not a simple administrative formality: it is an essential step that influences the entire investigation process. At Neutra, we support employers across Canada in meeting their obligations at every stage of the process, in both French and English.
Neutra is your reference for a healthy work environment.
