A workplace investigation that is not done properly can result
in significant legal liability for an employer and sometimes, even
the investigator.
In a recent decision from Ontario, Doyle v Zochem
Inc. et al., 2017 ONSC 920 (CanLII), the court
ordered an employer who conducted a haphazard workplace
investigation into a complaint of sexual harassment and then fired
the plaintiff, to pay the employee 10 months notice as well as
$85,000 in moral and human rights damages.
FACTS
48-year old Melissa Doyle, was a Plant Manager and Health &
Safety Coordinator at Zochem. Her duties involved supervising a
group of workers, all of whom were male.
The environment in which Doyle worked had a locker room
mentality and she was subject to sexual harassment. The main
instigator was Rogers, the Plant Maintenance Manager. He had
photographs and calendars of scantily-clad women in his office,
stared at Doyle's breasts, engaged in sexual banter, and made
numerous lewd comments
