Restorative Justice in Workplace Investigations: A Growing Trend

Restorative justice is gaining traction as an alternative approach to resolving workplace conflicts. Unlike traditional punitive measures, restorative justice focuses on repairing harm through dialogue and reconciliation. This approach is particularly effective in handling conflicts that arise from discrimination, or other interpersonal issues.

Successful Application of Restorative Justice:

A key example of restorative justice in the workplace was seen in the case of Smith v. XYZ Corp (2022) (U.S.), where a mediator facilitated a restorative justice process between a supervisor and an employee involved in a harassment complaint. The process included facilitated discussions where both parties expressed their perspectives, understood the harm caused, and worked together on a resolution that included apologies, policy changes, and commitments to a more respectful work environment.

Why Employers Should Consider Restorative Justice:

• Fosters Dialogue: Restorative justice encourages open communication, allowing all parties to be heard.

• Promotes Healing: Rather than focusing solely on punishment, restorative justice fosters healing and understanding, which can lead to a more positive workplace culture.

• Long-Term Benefits: Employees who feel heard and respected are more likely to stay with the company, reducing turnover and creating a healthier work environment.

For investigators, restorative justice presents a unique opportunity to help parties move beyond the incident and restore relationships in the workplace.