Why Workplace Investigations Matter

When issues of harassment, violence, or serious misconduct arise, employers in Ontario don’t have the option of “waiting and seeing.” The law is clear: investigations must happen, and they must be handled fairly, timely, and impartially.

For many employers, this requirement feels intimidating. What exactly counts as a workplace investigation? Who should lead it? How much information can you share?

When handled correctly, investigations protect both your employees and your organization. When handled poorly, they can lead to legal risk, damaged trust, and reputational harm.

When Investigations Are Required

In Ontario, employers are legally obligated to investigate in several scenarios:

• Workplace Harassment or Violence Complaints: Under the Occupational Health and Safety Act (OHSA), every complaint or incident must be investigated. This includes harassment from co-workers, supervisors, clients, or third parties.
• Human Rights Allegations: If discrimination based on a protected ground (such as race, gender, disability, religion, etc.) is alleged, a quick investigation is required.
• Serious Misconduct: Even outside OHSA, when an employee is accused of theft, fraud, or other misconduct, an investigation helps ensure decisions are fair and evidence-based.

The key principle: once an employer becomes aware of an allegation, they are expected to act right away.

What Employers Are Expected to Do

The Ministry of Labour and the Human Rights Tribunal both emphasize that investigations must be:

1. Timely: Start quickly after a complaint is made. Long delays suggest the employer isn’t taking the matter seriously.
2. Fair and Impartial: The investigator must not have a conflict of interest or appear biased.
3. Thorough: Speak to all relevant parties, review evidence, and document everything.
4. Confidential: Information should be shared only with those who need to know, while protecting privacy as much as possible.

At the end of the investigation, the employer must provide the complainant and respondent with a summary of the findings and any corrective action to be taken.

Internal vs. External Investigations

One of the first questions employers face is whether to handle the investigation internally or bring in an external investigator.

Internal Investigations

• Appropriate for less complex cases.
• Should be led by someone trained, impartial, and senior enough to take it seriously.
• Works best when there’s trust that internal leaders can be objective.

External Investigations

• Often required for complex, sensitive, or high-profile cases.
• Provides independence and impartiality.
• Recommended when allegations involve senior leaders, or when there is risk of bias claims.

Employers should not be afraid to seek outside help. Sometimes it’s the clearest way to demonstrate fairness.

The Investigation Process: Step by Step

While every case is unique, a solid workplace investigation usually follows these stages:

1. Receive the Complaint
   1. Document the details clearly and confirm receipt to the complainant.
   1. If safety is an issue, take immediate interim steps (e.g., separating employees).
2. Plan the Investigation
   1. Decide who will investigate.
   1. Outline timelines, witnesses, and scope.
3. Interview Parties
   1. Speak with the complainant, the respondent, and any witnesses.
   1. Ask open, non-leading questions and record answers accurately.
4. Gather Evidence
   1. Review emails, security footage, policies, or other relevant materials.
5. Analyze and Document Findings
   1. Compare evidence to workplace policies and legal standards.
   1. Ensure your reasoning is clear and based on facts.
6. Conclude and Communicate
   1. Share a written summary of findings with the complainant and respondent.
   1. Implement corrective actions (discipline, training, policy changes).
7. Follow Up
   1. Check in to ensure no retaliation occurs and that the workplace feels safe moving forward.

Common Employer Mistakes

Even well-intentioned employers can misstep. Here are the mistakes we see most often:

• Delaying the Process: Hoping the issue will resolve itself is not an option. Delays increase liability.
• Choosing a Biased Investigator: For example, assigning the accused’s direct manager creates a perception of unfairness.
• Over- or Under-Sharing: Employers must balance confidentiality with transparency. Too much secrecy erodes trust, too much disclosure risks privacy breaches.
• Not Acting on Findings: An investigation means little if the employer doesn’t follow through on recommendations or corrective action.

Best Practices for Employers

To avoid these pitfalls, employers should:

• Have a Written Investigation Policy: Clarify how complaints are received, investigated, and resolved.
• Train Managers and Supervisors: Equip them to recognize issues and escalate them appropriately.
• Maintain Detailed Records: Documentation protects the employer if decisions are challenged.
• Support All Parties: Both complainants and respondents need to feel respected, informed, and protected from retaliation.
• Review Outcomes Systematically: Use lessons learned to update policies and prevent future issues.

Employer Checklist: Responding to a Complaint

When a complaint lands on your desk, here’s a practical checklist to follow:

• Receive and document the complaint immediately
• Take interim steps to ensure safety if needed
• Select an impartial investigator (internal or external)
• Inform the complainant and respondent about the process
• Conduct interviews and collect evidence
• Document findings clearly and objectively
• Communicate the outcome to both parties
• Implement corrective actions
• Monitor the workplace for retaliation or ongoing concerns

The Bigger Picture: Culture and Trust

Beyond compliance, workplace investigations shape your organization’s culture. Employees want to know that if they raise a concern, it will be handled seriously and fairly. When investigations are consistent and transparent, employees are more likely to trust leadership and less likely to take complaints externally.

Conversely, mishandled investigations can lead to Ministry of Labour complaints, human rights claims, or civil lawsuits, all of which are far more costly than doing the investigation right the first time. If you’d like to learn more about workplace investigations or how the team at Ford Keast LLP can support your organization, reach out to our HR Consulting specialist or visit our HR Consulting page.