Specific Matter
Focused representation or advice on a grievance, bargaining issue, investigation, termination or workplace dispute.
Workplace Law
Practical support when a workplace complaint needs investigating.
Advice on whether and how to investigate, keeping the process objective and proportionate, and acting on the findings. Investigations sit alongside performance management, discipline, and human rights and accommodation in the practice's workplace law work.
For employers and organizations in Ontario, and federally regulated employers across Canada, in unionized and non-unionized workplaces.
Scope of support
Where advice helps most.
- Deciding whether a complaint needs an investigation, and of what scope
- Choosing between an internal and an external investigator
- Interim measures while the investigation is underway
- Communicating results and corrective action in writing
- Performance management & discipline
- Human rights & accommodation
Key points
Harassment investigations: what Ontario law requires.
Ontario employers must ensure that an investigation appropriate in the circumstances is conducted into incidents and complaints of workplace harassment.
Source: Occupational Health and Safety Act, R.S.O. 1990, c. O.1
The Occupational Health and Safety Act does not specify who must investigate. Under the Minister's Code of Practice, the investigator must be objective: not directly involved, and not under the alleged harasser's direct control.
Source: Understand the law on workplace violence and harassment · Code of practice to address workplace harassment
The worker who allegedly experienced harassment, and the alleged harasser if a worker of the employer, must be informed in writing of the results and of any corrective action.
Source: Occupational Health and Safety Act, R.S.O. 1990, c. O.1
The Code of Practice calls for the investigation to be completed within 90 calendar days, unless extenuating circumstances warrant a longer one.
Mediation cannot replace the investigation. Alternative dispute resolution may form part of the resolution after the investigation, if the parties agree.
Source: Understand the law on workplace violence and harassment
Federally regulated workplaces follow a separate process under the Canada Labour Code and the Work Place Harassment and Violence Prevention Regulations.
Source: Canada Labour Code (R.S.C., 1985, c. L-2) · Work Place Harassment and Violence Prevention Regulations (SOR/2020-130)
How we work
Flexible by design.
Ongoing Advisory
Access to experienced labour, legal or HR support without building another permanent role.
Questions
Frequently asked questions
Does every complaint need a full investigation?
Not necessarily. The investigation must be appropriate in the circumstances. Under the Code of Practice, some matters will not need a lengthy investigation, while others, such as sexual harassment by a co-worker over time, may be more complex.
When should an external investigator be used?
Under the Code of Practice, the employer's harassment program indicates when an external investigator will be retained, for example where the alleged harasser is an owner or senior executive.
Can we resolve the complaint through mediation instead?
Not instead of an investigation. Mediation cannot replace the investigation, but alternative dispute resolution may be part of the resolution afterwards, if the parties agree.
Does the investigation report go to the joint health and safety committee?
No. In Ontario, workplace harassment investigation results and reports are not reports respecting occupational health and safety that must be shared with the committee or health and safety representative.
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