Whether in the playground, at a sporting event or in the
workplace, everyone wants to be treated fairly.
It is unsurprising then, that the law requires that workplace
investigations be conducted in a fair manner. In fact, if
investigators aren't careful, a flawed investigation will not
only be of little use to the employer who initiates the
investigation, the employer may have to commission a second
investigation to replace the original!
For example, in Toronto District School Board v. Local 4400,
Canadian Union of Public Employees1 the Grievor filed a
workplace complaint alleging unfair and differential treatment,
leading the employer to retain an independent investigator. During
the course of the investigation, a number of respondents and
anonymous witnesses raised their own complaints/allegations against
the Grievor. However, the Grievor was not actually made aware of
the allegations against him; the identity of the individuals making
the allegations; or
