So the issue of collusion has come up, so the first action on my behalf is to determine what exactly collusion is. I cannot provide any context here, that would likely get me in trouble, so I have to explain in general terms only where the concept is related to workplace investigations.

Collusion is typically an agreement between two or more parties with the goal to deceive or cheat, this is usually a secret agreement between parties. My job was to prove intent within the scope of the balance of probabilities that the involved parties acted deliberately with the intent to deceive. For me, I have to determine the balance of probabilities as a legal standard of proof was breached.

The balance of probabilities is used in civil cases where a fact is considered proven if it’s more likely than not that it occurred. That is exceeding a 50% probability that the act actually occurred. In workplace investigations, collusion may occur when covering up misconduct or fraud, and therefore is intentional. This could include witnesses intentionally coordinating stories tainting evidence. This could also be unintentional, work colleagues tend to discuss work issues, this is not uncommon and may not be collusion, I believe intent is the issue here.