Workplace investigations are essential for employers in Ontario to maintain a legally compliant and fair work environment. Whether dealing with complaints of harassment, discrimination, workplace violence, or policy violations, employers have a legal duty to investigate concerns promptly and thoroughly. A proper investigation helps protect businesses from wrongful dismissal claims, human rights complaints, and reputational harm while fostering a workplace culture of accountability and fairness. 

Understanding the legal requirements and best practices for conducting a workplace investigation is critical to ensuring compliance with Ontario’s employment laws. 

Understanding Workplace Investigations in Ontario 

In Ontario, several employment laws require employers to conduct workplace investigations, including: 

• The Ontario Human Rights Code (Code) – Requires employers to investigate discrimination and harassment complaints. 
• The Occupational Health and Safety Act (OHSA) – Mandates investigations into workplace violence and harassment allegations. 
• The Employment Standards Act (ESA) – Governs disputes related to wages, hours, and terminations. 

Failing to conduct a proper investigation can result in legal claims, financial penalties, and damage to workplace morale. Employers must ensure that their investigation process is fair, transparent, and legally defensible. 

Why Employers Must Conduct Workplace Investigations 

A workplace investigation serves several key purposes, including: 

• Determining the facts related to a complaint or incident. 
• Ensuring compliance with workplace policies and Ontario employment laws. 
• Preventing liability, including wrongful dismissal claims and human rights complaints. 
• Protecting employees from unsafe or discriminatory workplace conditions. 
• Maintaining trust by demonstrating that complaints are taken seriously. 

When handled correctly, a workplace investigation strengthens employer credibility while reducing legal and financial risks. 

Key Steps in Conducting a Workplace Investigation 

• Respond Promptly to Complaints
  • Employers must take all workplace complaints seriously and act quickly to initiate an investigation. Delaying action can: 
    • Escalate workplace conflicts, making resolution more difficult. 
    • Reduce the availability of evidence, weakening the investigation. 
    • Expose employers to legal liability, including human rights claims. 

Upon receiving a complaint, employers should: 

• Acknowledge the complaint and assure the complainant of confidentiality. 
• Determine whether an internal or external investigator is needed. 
• Take immediate action, such as reassigning employees or implementing temporary measures, if necessary.
   
• Appoint an Impartial Investigator
  • An objective and experienced investigator is crucial to ensuring fairness and credibility in the workplace investigation process. Depending on the severity of the complaint, employers may appoint: 
  • An internal HR professional for less complex matters. 
  • An external investigator (such as an employment lawyer) for serious allegations, including harassment and legal violations. 

The investigator should: 

• Have experience in Ontario employment laws and workplace policies. 
• Remain neutral and avoid conflicts of interest. 
• Conduct a thorough and structured investigation. 
• Maintain Confidentiality and Prevent Retaliation
  • Employers must balance confidentiality with transparency to protect both the complainant and the accused. However, absolute confidentiality is not always possible, as those accused of misconduct have a right to know the allegations against them. 

To uphold integrity in the process: 

• Limit information sharing to only those involved in the investigation. 
• Remind employees that retaliation is prohibited under workplace policies. 
• Ensure the complainant and witnesses feel safe to participate in the investigation. 

Failure to maintain confidentiality or prevent retaliation can lead to additional legal claims against the employer. 

• Collect and Preserve Evidence
  • A thorough workplace investigation relies on collecting all relevant evidence. This includes: 
  • Emails, text messages, and workplace communications. 
  • Witness testimonies and firsthand accounts. 
  • Security footage, incident reports, and workplace policies. 

Employers should ensure that all documentation is properly stored and maintained for future reference. 

• Conduct Fair and Structured Interviews
  • Workplace investigation interviews must be structured, unbiased, and well-documented. The investigator should: 
  • Interview the complainant first to gather details. 
  • Provide the accused employee with an opportunity to respond. 
  • Speak to any witnesses who can provide additional context. 

During interviews, employers should: 

• Ask open-ended, neutral questions to avoid leading the witness. 
• Record answers accurately while avoiding bias in note-taking.
• Ensure interviewees understand their rights and obligations. 

• Analyze Findings and Determine Next Steps
  • Once all evidence has been collected, the investigator must: 
  • Assess the credibility of statements and documents. 
  • Identify inconsistencies or corroborating evidence. 
  • Determine whether workplace policies or laws have been violated. 

Findings must be based on facts, not assumptions, to ensure fairness. 

• Document Investigation Findings
  • A comprehensive written report strengthens the employer’s legal position and provides clarity on the next steps. The report should include: 
  • The complaint details and scope of the investigation. 
  • Summary of key evidence, witness statements, and findings. 
  • Conclusions on whether policy violations occurred. 
  • Recommended disciplinary actions or policy changes. 

Proper documentation is critical if the case escalates to litigation. 

• Take Corrective Action based on investigation findings, employers should implement appropriate corrective measures, which may include: 
• Disciplinary action, such as written warnings, suspension, or termination. 
• Policy updates to prevent similar incidents in the future. 
• Workplace training programs on compliance and best practices. 

Employers must communicate the results to all relevant parties while maintaining confidentiality. 

Legal Risks of Mishandling Workplace Investigations 

A poorly conducted workplace investigation can expose employers to significant legal risks, including: 

• Human rights complaints under the Ontario Human Rights Code (Code). 
• Wrongful dismissal lawsuits from terminated employees. 
• Occupational health and safety penalties for failing to address workplace harassment. 
• The reputational damage that affects employee trust and business operations. 

To mitigate these risks, employers must ensure that workplace investigations align with Ontario employment laws. 

Conclusion 

Ensuring compliance with workplace investigation requirements in Ontario is essential for employers to avoid legal liability and promote a fair work environment. A well-executed investigation process protects both employees and businesses while reinforcing a culture of accountability and transparency. 

For tailored legal advice on workplace health and safety matters, contact our team today. Let’s work together to build safer, legally compliant workplaces across Ontario. 

Contact Achkar Law 

If you need legal guidance on workplace investigations or related legal matters, Achkar Law can help. Our experienced employment lawyers provide tailored legal solutions to protect your business. 

Call 1-800-771-7882 or email [email protected] to schedule a consultation.