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ARTICLE · 25 NOVEMBER 2024

Managing Confidentiality In Workplace Investigations: A Practical Guide For HR Professionals

Lerners LLP
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When initiating workplace investigations, HR professionals frequently face requests for confidentiality from complainants.

CanadaEmployment and HR
Yola S. Ventresca
Yola S. Ventresca
Debbie Boswell
Debbie Boswell
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The Confidentiality Challenge

When initiating workplace investigations, HR professionals frequently face requests for confidentiality from complainants. While protecting reporting parties is important, making absolute guarantees of anonymity can create significant legal and procedural challenges. Understanding how to navigate these requests effectively is crucial for maintaining both investigation integrity and participant trust.

Legal and Practical Considerations

Legal Framework

Under the Occupational Health and Safety Act, employers must develop a program to implement their workplace harassment policy. The program must set out how information obtained during a harassment investigation will not be disclosed unless disclosure is necessary for the purpose of investigating, taking corrective action, or is otherwise required by law.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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