Procedural Fairness In Investigations: Marentette v Canada

Procedural Fairness in Investigations: Marentette v Canada (AG)

Workplace investigations, while necessary, can profoundly impact the work environment, work culture, and psychological well-being of those involved. When investigating workplace complaints, it is essential to follow a fair procedure. In legalese, this is referred to as "procedural fairness". A recent Federal Court case, Marentette v Canada (AG), shed light on the importance of procedural fairness in workplace investigations. In this post, we summarize this case and its implications for the law and workplaces.

Understanding the Facts

In short, a Border Services Officer filed a complaint under the Workplace Harassment and Violence Prevention Regulations, citing multiple instances of workplace harassment and violence. An investigation was conducted, and the complaints were ultimately dismissed. However, the investigative process leading to this decision raised significant procedural fairness