Can You Tell Me: What is an Investigatory Meeting?
An investigatory meeting is a formal process initiated by the Employer when they are considering a situation that may lead to discipline. These meetings are a precursor to formal disciplinary action and are governed by our respective Collective Agreements.
The rules for investigatory meetings differ slightly between UW and UM. At UW, Article 9.4 generally requires that an investigation take place before discipline is imposed except in exceptional circumstances. At UM, Article 9.1 does not prescribe an investigation in all cases but allows the Employer to investigate alleged culpable activity that may give rise to discipline. At both Universities, the Employer must inform the Employee that the meeting is an investigation and advise them of their rights to AESES representation, although it is typically the Employee’s responsibility to request that representation.
Upon request, an AESES representative will speak with the member in advance of the meeting to help explain the process, discuss the context for the investigation, and consider what the Employer may be seeking to establish. In some cases, a member could be called as a witness to a situation involving others and may not be personally culpable. AESES can also advise the member on the potential relevance of disclosure, remorse, honesty, and any mitigating circumstances, such as medical issues, as part of preparing for the meeting.
The investigatory meeting normally includes representatives from HR and management, the member, and an AESES representative if requested. The Employer will outline their concerns and ask a series of questions in order to establish facts. Having AESES representation at the meeting is important to support the member during a potentially stressful process and to ensure accurate documentation of the investigation.
Several outcomes may follow the investigatory meeting. The Employer may decide to gather additional information at another meeting, take no further action, or issue formal discipline. Discipline typically follows the path of progressive discipline, beginning with an Oral Warning, though in more serious situations the Employer may proceed directly to suspension or dismissal.
If discipline is issued and a member believes it to be unjust, it may be possible to challenge it through the grievance process as outlined in the Collective Agreement (UM Article 23; UW Article 21). Documentation of the investigatory meeting can be an important way to support that process. Members who have been summoned to an investigatory meeting, or who have questions about this process, are encouraged to contact the AESES Business Office at 204-949-5200 or LabourTeam@aeses.ca.