Dealing with credibility and insufficient evidence in a workplace investigation

Depending on the type of investigation, one of the most difficult tasks of the HR professional during a workplace investigation is determining credibility and making a decision regarding the findings. There is an obligation to perform a thorough and fair investigation. When there is not enough evidence to support or deny the allegations there are still a few things you can consider to lead you to a resolution. 

1. Consistency is a key factor in determining credibility. After reviewing the summary of the statements, are there any inconsistencies in the accounts, are the versions maintained during follow up. A few minor inconsistencies may not indicate a concern, however major inconsistencies among participants or over the retelling would be cause to question credibility.

2. Context is another factor that requires examination during the investigation. Based on what you are able to ascertain about the work environment, are there any existing tensions, incidents of a similar nature, or behaviors or actions reported leading up the event. Understanding the broader picture of the workplace and its culture can provide insight into whether the event is plausible and how the individuals involved may have perceived and reacted to the event.

3. The background of the individual parties needs to be reviewed to determine if there is any motive or bias that could influence their statements. Is there a history of any conflict between the individuals or is there any personal relationships or motivations that may affect the accuracy of the statements.

4. Use the preponderance of the evidence standard in determining an outcome. When there is not enough direct evidence to conclusively support or deny an allegation, you can apply this standard. Which essentially means based on the totality of the evidence we have gathered which version of events are more likely to be true. On the balance of probabilities which version is more credible based on this assessment. 

Investigations are rarely neatly packaged and easy to navigate, often leading us to draw conclusions based on the probability or likelihood of the incident having occurred. At the conclusion of the investigation, the HR professional should provide a written report summarizing the findings, including the process, evidence, and any conclusions drawn. If there truly is no way to make a final determination on whether the incident occurred due to a lack of evidence; and you are unable to assess which party is more credible; that reasoning should be included in the report and an outcome letter provided to the participants. That said, the above tips can help with avoiding that.