Skip The Investigation And Risk Punitive Damages

In recent cases such as Smith v Vauxhall Co-Op Petroleum Limited, 2017 ABQB 525 and Garnett v Alberta Motor Association, 2017 ABPC 267, Alberta courts have cautioned employers about the importance of properly investigating complaints of impropriety in the workplace. We have seen that disciplining an alleged wrongdoer on the basis of an inadequate investigation can lead to sanctions by the courts. According to a recent Ontario decision, the effect of which shouldn't come as a surprise, failing to investigate a complaint and then terminating the employment of the complainant is also not looked on favourably by the courts. In the case of Horner v 897469 Ontario Inc., 2018 ONSC 121, the Ontario Superior Court imposed monetary sanctions against an employer that, among other things, failed to conduct any type of investigation into allegations of workplace harassment.