Workplace Investigation Lawyers and Workplace Investigators for Employers

A workplace investigation is a formal process used by employers to examine a complaint or allegation made by or about an employee. Investigations are typically conducted in response to complaints of harassment, discrimination, misconduct, or policy violations.

A properly conducted workplace investigation involves receiving the complaint, defining the scope, interviewing the parties and witnesses, reviewing relevant evidence, reaching findings, and producing a written report. The process must meet standards of procedural fairness and impartiality to be legally defensible.

Under the Ontario Occupational Health and Safety Act, employers are required to investigate complaints of workplace harassment. Employers also have obligations under the Ontario Human Rights Code to respond to complaints of discrimination and harassment based on protected grounds.

Beyond these statutory obligations, prudent employers conduct investigations in response to any serious complaint, misconduct allegation, or policy breach, regardless of whether there is a specific legal requirement to do so. Failing to investigate a complaint can itself constitute a breach of your obligations as an employer.

A workplace investigator is a person qualified to conduct a workplace investigation impartially and in accordance with legal standards. Investigators may be internal HR professionals, external consultants, or lawyers with investigation experience.

For complaints involving senior employees, allegations of a sensitive nature, or situations where impartiality might be questioned, an independent external workplace investigator is strongly recommended. Achkar Law's workplace investigators have the legal knowledge and investigative experience to conduct investigations that withstand scrutiny in any subsequent proceedings.

The timeline for a workplace investigation depends on the complexity of the complaint, the number of witnesses, and the volume of documentary evidence involved. Simple investigations can be completed in two to four weeks. Complex matters involving multiple parties, extensive documentation, or sensitive allegations may take longer.

Achkar Law conducts investigations as efficiently as possible while ensuring the process is thorough and the findings are defensible. We will give you a realistic timeline at the outset based on the specific facts of your situation.

Yes, employers can conduct internal investigations. However, internal investigations carry significant risks, particularly when the investigator has a relationship with the parties, when the complaint involves a senior employee, or when the findings are likely to be challenged.

An investigation that lacks impartiality or procedural rigour can be challenged in subsequent legal proceedings and may actually harm your organization's position. Retaining an independent workplace investigator from Achkar Law ensures the process is defensible and the findings carry appropriate weight.

After the investigation report is produced, the employer must decide what action to take based on the findings. This may include disciplinary action, termination, policy changes, training, or no action if the complaint is not substantiated.

Achkar Law advises employers on how to respond to investigation findings appropriately, including how to communicate outcomes to the parties, what disciplinary steps are legally defensible, and how to reduce the risk of subsequent litigation. Our workplace investigation lawyers support you through the entire process, not just the investigation itself.

Yes. Achkar Law has offices in Toronto, Ottawa, and Vancouver and conducts workplace investigations for employers across Ontario and British Columbia. We regularly work with employers remotely, conducting interviews and producing investigation reports for organizations throughout both provinces.