Workplace Investigation Lawyers and Independent Workplace Investigators for Employers

When a workplace complaint arises, how an organization responds often matters as much as what the investigation finds. A workplace investigation is a legal process, not just an HR exercise, and the way a complaint is received, documented, and resolved shapes an employer's exposure in any later human rights, wrongful dismissal, or civil proceeding. Achkar Law provides workplace investigation lawyers and independent workplace investigators who conduct fair, thorough, and legally defensible investigations for employers across Ontario and British Columbia.

What Is a Workplace Investigation?

A workplace investigation is a structured process an employer uses to examine a complaint or allegation involving an employee, such as harassment, discrimination, bullying, fraud, or a breach of workplace policy. A properly conducted investigation gathers the relevant evidence, gives each party a fair opportunity to respond, and reaches findings that are supported by the record and explained in a written report.

For employers, an employee investigation is rarely just an internal matter. If the complaint later becomes a human rights application, a grievance, or a wrongful dismissal claim, the investigation file becomes evidence. An investigation that was rushed, partial, or procedurally unfair can undermine the organization's position, while a careful and impartial one demonstrates that the employer took the complaint seriously and responded reasonably.

This is where a workplace investigations lawyer adds value: not only conducting or guiding the investigation, but applying the legal standards, procedural fairness, and documentation that allow the findings to withstand scrutiny if the matter is later challenged.

When Employers Need a Workplace Investigation Lawyer

Some complaints can be handled through ordinary HR processes. Others carry enough legal risk that an experienced workplace investigator or employee investigation lawyer should be involved from the outset. Employers commonly engage us when facing:

• Complaints of harassment, bullying, or workplace violence
• Sexual harassment allegations requiring sensitivity and strict impartiality
• Discrimination or human rights complaints based on a protected ground
• Misconduct, fraud, theft, or misappropriation of company resources
• Breaches of workplace policy or a code of conduct that may support discipline
• Reprisal or retaliation complaints following an earlier report
• Allegations involving senior leadership, where internal impartiality is difficult to demonstrate
• Any situation likely to lead to termination or litigation

Types of Workplace Investigations We Conduct for Employers

Our workplace investigators and investigation lawyers handle a wide range of complaint types for employers across Ontario and British Columbia.

Harassment and Bullying Investigations

Complaints of workplace harassment or bullying call for a prompt and impartial response. We conduct investigations that meet the requirements of the Occupational Health and Safety Act in Ontario and the WorkSafeBC bullying and harassment requirements in British Columbia, producing findings that hold up to legal scrutiny. Clear workplace policies make these investigations more defensible, and we advise on both.

Sexual Harassment Investigations

Sexual harassment complaints require sensitivity, procedural rigour, and demonstrable neutrality. Our workplace investigators handle these matters with the care that complainants and respondents deserve, and with the documentation that regulators and tribunals expect.

Discrimination and Human Rights Investigations

Allegations of discrimination based on a protected ground under the Ontario Human Rights Code or the British Columbia Human Rights Code require careful handling. Our findings are prepared to support the organization's position in any subsequent human rights tribunal proceeding.

Misconduct, Fraud, and Policy Breach Investigations

When an employee is alleged to have breached workplace policy, committed fraud, or misappropriated company resources, a properly documented investigation is essential before any discipline or termination is imposed. The investigation record is what allows the employer to act with confidence and defend that action later if needed.

Reprisal and Retaliation Investigations

Complaints that an employee was punished for raising a concern or exercising a legal right are sensitive and carry real exposure. We help employers investigate these allegations carefully and document their response in a way that withstands review.

Independent Third-Party Investigations

Where an internal investigation is not appropriate because of the seniority of the parties, the nature of the allegations, or the need for visible impartiality, Achkar Law acts as a fully independent workplace investigator on behalf of the organization. An external investigator removes any perception of bias and strengthens the credibility of the findings.

The Employer's Duty to Investigate in Ontario and British Columbia

Across both provinces, employers carry legal obligations to investigate certain workplace complaints. Understanding when the duty is triggered, and conducting the investigation to the right standard, is central to managing legal risk.

Ontario

Under section 32.0.7(1)(a) of the Occupational Health and Safety Act, an Ontario employer must ensure that an investigation appropriate in the circumstances is conducted into incidents and complaints of workplace harassment. The use of both words, incidents and complaints, matters: the duty can be triggered even where no formal complaint has been filed, and recent appellate guidance has confirmed that an employer cannot avoid investigating simply because the affected employee is reluctant to come forward or because the conduct occurred off duty but had a workplace impact.

The Act also requires that the complainant and the respondent be informed in writing of the results of the investigation and any corrective action, and that the harassment program be reviewed at least annually. Separately, the Ontario Human Rights Code imposes a duty to reasonably investigate and address harassment or discrimination tied to a protected ground, with failures potentially leading to applications before the Human Rights Tribunal of Ontario. Failing to investigate can expose an employer to Ministry of Labour orders, tribunal liability, and damages in civil proceedings.

British Columbia

In British Columbia, WorkSafeBC requires employers to take reasonable steps to investigate incidents of bullying and harassment as part of their occupational health and safety obligations, including developing procedures for how reports are handled and reviewing those procedures regularly. The British Columbia Human Rights Code adds a duty to address discrimination and harassment based on a protected ground. We advise BC employers on how these requirements apply to their situation and conduct investigations that meet the expected standard.

How a Workplace Investigation Works

A defensible investigation follows a clear, consistent process. The depth of each stage is scaled to the seriousness and complexity of the allegations, which is what the law means by an investigation appropriate in the circumstances.

Intake and Documentation

We help the employer receive and document the complaint correctly so the process begins on solid procedural ground and the relevant details are captured accurately from the start.

Defining the Scope and Mandate

We define the specific issues to be investigated, keeping the scope appropriate to the complaint and manageable, so the investigation answers the questions that matter without creating unnecessary exposure.

Interviews With the Parties and Witnesses

We conduct structured, impartial interviews with the complainant, the respondent, and relevant witnesses, following a process that protects procedural fairness and produces reliable evidence.

Reviewing the Evidence

We gather and review the relevant documentary evidence, including communications, records, and policies, so that nothing material is overlooked and the evidentiary record is complete.

Findings on a Balance of Probabilities

We assess the evidence against the applicable legal and policy standards and reach findings on a balance of probabilities, with conclusions that are supported by the record and clearly reasoned.

The Investigation Report

We produce a clear, well-structured report documenting the process, the evidence reviewed, the findings, and the conclusions. The report is written to withstand scrutiny in any later tribunal, arbitration, or court proceeding.

Why Use an Independent Workplace Investigation Lawyer

A workplace investigation report does not stay private. If the matter proceeds to a human rights tribunal, an arbitration, or a wrongful dismissal claim, the investigation becomes part of the evidence. An investigation that was conducted unfairly, reached unsupported conclusions, or skipped basic procedural steps can be used to undermine the employer's entire position.

An independent investigator from outside the organization removes any perception of bias, which is especially important when the complaint involves a senior employee or anyone close to the usual decision-makers. Investigations led by a lawyer are also conducted with an eye to legal privilege and evidentiary standards, which an internal HR process may not preserve. Engaging external counsel frees your HR team from an awkward dual role and gives the findings the weight that comes from a qualified, impartial investigator. We also advise employers on what to do after the report is delivered, including compliance steps, discipline, and training that reduce the risk of a recurrence.

Workplace Investigation FAQ for Employers

What is a workplace investigation?

A workplace investigation is a formal process an employer uses to examine a complaint or allegation involving an employee, most often relating to harassment, discrimination, bullying, misconduct, or a policy breach. A defensible investigation involves receiving the complaint, defining the scope, interviewing the parties and witnesses, reviewing the evidence, reaching findings, and producing a written report that meets standards of procedural fairness and impartiality.

When is an employer legally required to investigate in Ontario?

Under the Occupational Health and Safety Act, Ontario employers must ensure an investigation appropriate in the circumstances is conducted into incidents and complaints of workplace harassment. The Ontario Human Rights Code adds a duty to address harassment or discrimination based on a protected ground. Beyond these statutory triggers, prudent employers investigate any serious misconduct or policy-breach allegation, because failing to investigate can itself create liability.

Do we have to investigate if the employee never filed a formal complaint?

Often, yes. The Ontario duty is triggered by incidents as well as complaints, so once an employer becomes aware of conduct that may amount to harassment, the obligation can arise even without a formal written complaint and even if the affected employee is reluctant to participate. Recent appellate guidance has reinforced that an employer cannot rely on a complainant's silence to avoid investigating. When in doubt, a threshold assessment is the safer course, and we can advise on what is required.

Can we conduct the investigation internally instead?

Employers can conduct internal investigations, and for routine matters that is often appropriate. However, internal investigations carry risk where the investigator has a relationship with the parties, where a senior employee is involved, or where the findings are likely to be challenged. An investigation that lacks impartiality or procedural rigour can be turned against the organization later. For higher-risk matters, an independent workplace investigator is the safer choice.

How long does a workplace investigation take?

The timeline depends on the complexity of the complaint, the number of witnesses, and the volume of documents involved. Straightforward matters can often be completed in two to four weeks. Complex investigations involving multiple parties, extensive records, or particularly sensitive allegations take longer. We give a realistic estimate at the outset based on the specific facts.

What happens after the investigation is complete?

Once the report is delivered, the employer decides what action to take based on the findings, which may include discipline, termination, policy changes, training, or no action where a complaint is not substantiated. In Ontario, the harassment provisions also require informing the parties in writing of the results and any corrective action. We advise employers on responding to findings appropriately and reducing the risk of subsequent litigation.

Do you conduct investigations outside Toronto and across British Columbia?

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

Speak With a Workplace Investigation Lawyer

If your organization has received a complaint or needs an independent workplace investigator, tell us about your situation and we will follow up promptly. You can also reach us directly at 1-800-771-7882. We serve employers in Toronto, Ottawa, Vancouver, and throughout Ontario and British Columbia.