investigation? What can cause a
workplace investigation? What is the purpose of a
workplace investigation?
What is a workplace investigation?
A workplace investigation is a formal process undertaken by your employer to assess complaints or allegations made against you by colleagues or other workers. These complaints often include issues such as workplace harassment and bullying, discriminatory harassment, sexual harassment, or violations of company policies and codes of conduct.
Employers may also initiate workplace investigations in Ontario for claims of workplace violence, misconduct, or other conduct violations. While workplace investigations are intended to be neutral and fair, they can sometimes be used by employers to justify disciplinary actions, such as terminating your employment or imposing other penalties. As a result, you should treat the workplace investigation process seriously.
What can cause a workplace investigation?
Workplace investigations can be initiated when your employer learns of allegations of workplace misconduct against you. This alleged misconduct could include claims of:
- sexual harassment
- workplace harassment and bullying
- discriminatory conduct or human rights violations
- violations of workplace policies or codes of conduct
- conflicts of interest or other unethical behavior
- any other form of perceived wrongdoing or conduct violations
anchor
anchor
What is the purpose of a workplace investigation?
The purpose of a workplace investigation is to thoroughly examine whether the allegations made against you are in violation of company policies. This process is intended to allow the employer to gather all the necessary facts before making any decisions regarding discipline or corrective actions. Whether the allegation involves misconduct, harassment, discrimination, or violations of workplace safety protocols, the investigation serves as a fact-finding mission aimed at understanding what really happened and determining the validity of the claims made against you.
The investigation process involves gathering evidence, which may include interviewing witnesses, reviewing documents, and collecting any relevant materials such as emails, messages, or video footage. The goal is to obtain a full picture of the events leading up to the allegations.
Ultimately, the goal of the workplace investigation is to either prove or disprove the allegations based on the gathered evidence. The investigator will analyze all the collected information to determine whether the alleged misconduct occurred, and whether it violates any workplace policies or has broader legal obligations. This informs the employer’s decision on the appropriate next steps, which could range from taking no action if the allegations are unfounded, to disciplinary measures, retraining, or in serious cases, termination.
What can you expect to happen in a workplace investigation?
During the process, you should expect your employer to be transparent with you and to treat you fairly. The following action steps should occur:
- Commencement:
The investigation begins when an allegation of wrongdoing is made against you. - Notification:
You will be notified that an investigation is taking place. As will the individual(s) who has made the allegation(s). You should be advised of the allegation and the details of the complaint so that you have a fair opportunity to respond. - Investigator Appointed:
An investigator will be appointed to lead the investigation. This person should be an impartial third party such as an internal HR employee, an external consultant or a legal professional. - Fact Gathering:
An investigator will conduct workplace investigations by collecting facts, interviewing the complainant, the respondent and any witnesses, reviewing documents, and examining digital or physical evidence available for examination. - Analysis and Report:
The investigator will analyze all the evidence gathered and look for inconsistencies, patterns, and collaboration of the allegations to determine the validity of the accusations. Based on the findings, the investigator will prepare an investigation report outlining the evidence, conclusions, and recommendations for action. - Employer Action:
Based on the report the employer will then determine a course of action and communicate that to all parties involved. Action could be (re) training, policy changes or even termination of employment. The employer may also include follow up steps to confirm that the issue has been resolved or to stop similar events from occurring in the future.
anchor
What are employee rights in a workplace investigation?
If you become part of a workplace investigation resulting from alleged misconduct, you do have certain rights throughout the process. Most often, the process for workplace investigations is found in the employee contract or employee policy handbook. While it may vary due to different company policies, there are some general rules and laws that your employer must abide by. You have the right to:
- be informed
- confidentiality
- defend yourself
- a fair, prompt, and impartial investigation
- access all evidence against you
- representation
- legal advice
- be informed of the outcome
- appeal
Employers are required to maintain procedural fairness and avoid any form of retaliation when conducting workplace investigations. You are also legally protected against discriminatory harassment and wrongful dismissal as per Ontario workplace laws and the Canadian Human Rights Tribunal guidelines.
How should you behave during a workplace investigation?
If you find yourself accused of workplace misconduct and part of an investigation, it’s important to know how to handle yourself during this stressful situation. Some guiding principles on how to behave are as follows:
- Always remain calm and professional, with colleagues, managers, and the workplace investigator.
- Cooperate with the investigation process by attending all meetings and responding to requests.
- Provide honest and accurate information and avoid holding back information.
- Understand your rights as an employee.
- Consider having representation such as a legal advisor or lawyer accompany you to an investigative meeting or workplace investigation interview.
- Keep details of investigation confidential.
- Gather evidence of your case in terms of emails, documents, witness statements etc., and prepare a clear and concise response to the allegations, focused on the facts.
- Listen carefully to the questions during the investigation and take your time responding. Be thoughtful and thorough. It’s acceptable to say you don’t know if you are unsure.
- Ensure you understand the outcome. If the investigation concludes with disciplinary action, verify the next steps and your right to appeal.
- Avoid any form of retaliation.
anchor
anchor
Why do you need an employment lawyer?
Having your own employment lawyer during any workplace investigation ensures you are protected. Remember that HR representatives ultimately work for the employer and their primary responsibility is to protect the company’s interests. By having your own employment lawyer, you gain an advocate who is solely focused on protecting your rights and interests and ensuring that the investigation is conducted in an unbiased and transparent manner.
An employment lawyer will help you understand your rights from the outset. They can guide you through every step of the investigation process, from responding to questions during the investigation interview to helping you gather evidence that supports your case.
In the event that the investigation leads to the termination of your employment, your lawyer can review the circumstances surrounding your dismissal to determine if it was conducted lawfully and whether there is any possibility of wrongful dismissal. If severance is on the table, your lawyer can negotiate on your behalf to ensure that you receive a fair and just severance package in line with employment standards and your entitlements.
Having legal representation helps to balance the power dynamics between you and your employer, giving you confidence that your rights are being properly defended throughout the entire process.
How can Whitten & Lublin help you with workplace investigations in Ontario?
The experienced employment lawyers at Whitten & Lublin have handled a multitude of workplace investigation cases, helping employees accused of misconduct. We understand the processes and procedures behind a workplace investigation and how to protect the employee accused of wrongdoing. Throughout our years of providing workplace investigation services, we have gained substantial experience defending employees accused of any form of wrongdoing and restoring reputations tarnished by these allegations.
Our skills, experience and reputation are widely recognized in the industry, leading to our being named one of Canada’s top Employment and Labour Law Firms by Canadian Lawyer Magazine for 4 years, most recently in 2024.
Our team of employment and labour lawyers help individuals navigate a wide range of workplace issues, ranging from human rights and discrimination cases to termination disputes, layoffs, negotiating employment contracts, and others, offering guidance based on your unique situation.
Take your power back with Whitten & Lublin in your corner.
Workplace investigations in Ontario must follow legal standards to ensure fairness and protect employee rights. The Occupational Health and Safety Act mandates investigations into workplace harassment and violence for provincially regulated employees, with the Canada Labour Code doing the same for federally regulated employees. The Ontario Human Rights Code and Canadian Human Rights Act require fair procedures for discrimination complaints for provincially and federally regulated employees, respectively.
While the Employment Standards Act, 2000 and Canada Labour Code establish minimum standards, common law principles also influence how investigations are assessed particularly when they lead to termination. A lack of fairness in the process may not always be an independent legal wrong, but if it results in discrimination, reputational harm, or a bad-faith dismissal, it could support a claim. Our experienced employment lawyers can protect your rights and challenge unfair workplace investigations.
A workplace investigation generally begins when an employer receives a formal complaint regarding alleged misconduct such as harassment, discrimination, or policy violations.
Once a complaint is received, the employer must promptly assess whether an investigation is required. If so, they will appoint an investigator, who may be an internal HR professional or an external consultant. The accused employee should be notified of the allegations, given the opportunity to respond, and informed of their rights during the process. A workplace investigation should be conducted fairly, thoroughly, and without bias to ensure a just outcome.
Workplace investigations are intended to be confidential, but there are limits to how much information can be withheld. Employers have a duty to protect the privacy of both the complainant and the accused, ensuring that sensitive details are not unnecessarily disclosed. However, confidentiality is not absolute, some information must be shared with relevant parties, such as witnesses or decision-makers, to facilitate the investigation. Employees involved in an investigation should avoid discussing the case with colleagues, as breaching confidentiality can impact the credibility of the process. If you are part of a workplace investigation, consult an employment lawyer to ensure your rights are being upheld.
A workplace investigation can be conducted by an internal investigator, such as an HR representative or senior manager, or by an external investigator, such as a third-party consultant, employment lawyer, or human rights specialist. The choice depends on the nature and severity of the allegations.
For routine policy violations, HR professionals may handle the investigation internally. However, for serious claims, employers sometimes use an external investigator for neutrality and to avoid potential conflicts of interest. An unfair or biased investigation can expose an employer to legal liability. If you believe an investigation against you is unfair, an employment lawyer from our team can help protect your rights and challenge any unjust findings.
Your employment
is our specialty
In need of legal advice? We are committed to treating your case with the care, dedication, and compassion that you deserve. Contact our employment and labour lawyers today to learn how we can help you understand and resolve your workplace legal matter.
All required fields are marked with an asterisk (*)
"*" indicates required fields
Get empowered with every newsletter.
"*" indicates required fields
