Workplace Investigations

What is a Workplace Investigation?

A workplace investigation is a formal fact-finding process to address complaints arising within the workplace. Investigations must be conducted promptly and in a manner that is both adequate and procedurally fair. They are essential to ensuring employers provide a respectful, safe, and productive work environment.

 

 

When is an Investigation Required?

A workplace investigation should be conducted when a complaint arises. This does not always mean a full investigation process is required.  The process undertaken will depend on the severity of the allegations of misconduct or breaches of workplace policies or laws.  A complaint is most often brought forward by an employer, employee, customer/client, or a third party.  Complaints are usually made in writing, orally, or anonymously but the procedure for making and receiving a complaint will often be set out in workplace policies or legislation.  

Workplace investigations may be legally required or recommended in situations involving:

  • Allegations of workplace harassment 
  • Employee misconduct or policy violations
  • Complaints of violence, bullying, or a toxic workplace
  • Health and safety concerns
  • Breaches of confidentiality or ethics
  • Human Rights Complaints (discrimination or harassment)

Employers have a statutory duty to take reasonable steps to address such complaints or concerns that become known to the employer through timely and impartial investigations under Ontario's Occupational Health and Safety Act and the Ontario Human Rights Code.

 

 

Our Approach: Trauma-Informed and Legally Sound

Our firm conducts independent, objective, and legally compliant investigations. Our investigations take a trauma-informed approach.

A trauma-informed investigation acknowledges that individuals involved in the investigation may have experienced psychological or emotional distress. Our team is trained to:

  • Approach interviews with sensitivity and compassion
  • Create a safe non-judgmental environment for participants
  • Minimize re-traumatization through careful and respectful questioning
  • Recognize the effects of trauma on memory, behavior, and communication

We believe that trauma-informed investigations produce more accurate and fair results and foster trust in the process.

 

 

What to Expect from Our Investigation Process

Our investigation process typically involves the following steps:

  1. Intake and Assessment - Reviewing the complaint and its scope along with workplace policies and procedures and relevant law to determine investigative timelines and steps.  
  2. Planning the Investigation - Assessing and developing a well thought out investigation plan to ensure the process is thorough, efficient, focused, and complies with relevant policies, procedures, and legislation. 
  3. Interviewing Parties - Speaking with the complainant (person complaining), respondent (person alleged to have done something wrong), and other witnesses in a safe, respectful, neutral, and confidential setting. 
  4. Gathering and Reviewing Relevant Information/Documentary Evidence - Analyzing documentation (i.e. emails, notes, records, server logs, camera footage), policies, procedures, and other relevant information provided or required in the course of the investigation.
  5. Analyze Evidence and Assess Credibility - Evaluate all relevant information gathered, identify facts that both parties agree are accurate (where applicable), and assess conflicting evidence to determine on a balance of probabilities whether the allegations are more likely than not to have occurred.  
  6. Findings of Fact and Investigation Report - Provide a detailed, unbiased report with findings of fact and, where appropriate and required by policy or law, make recommendations. Our reports will identify whether the allegation has been substantiated or unsubstantiated (in full or in part) and why or why not.  This may differ depending on what is identified in policy and procedures.   
  7. Support for Next Steps - Offer guidance on implementing resolutions and avoiding similar future issues. Presenting the employer with Findings and Recommendations (if any are required). Providing a Summary of the investigation if required by policy.

We keep all parties informed of timelines and outcomes while maintaining strict confidentiality and procedural fairness.

 

 

Types of Workplace Investigations

We conduct workplace investigations for all types of workplaces, including but not limited to, public institutions regulated by various statutes (i.e. Universities, Colleges, School Boards, Police Service Boards etc.), private institutions, private enterprise, First Nations, First Nation Organizations/Agencies: any workplaces.

 

 

Why Choose our Firm?

  • Trauma-Informed Approach 
  • Culturally Competent Methodologies
  • Legal expertise 
  • Human Resource and Human Rights expertise
  • Neutral and Independent investigations
  • Compliance with law including workplace safety and human rights legislation

 

Whether you are an employer responding to a complaint or an employee seeking a fair process our workplace investigations provide clarity, resolution, and procedural fairness.

For a workplace investigation please contact Rachael M. Paquette at rachael@paquettelaw.ca.