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ARTICLE · 21 JANUARY 2020

When Is An Investigation "Appropriate In The Circumstances"?

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Every investigator has had one of "those" files. Allegations are abundant, historical, and/or about things like "he walked past me once without speaking to me."

CanadaEmployment and HR
Elizabeth Traynor
Elizabeth Traynor
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Every investigator has had one of "those" files. Allegations are abundant, historical, and/or about things like "he walked past me once without speaking to me." Can an investigator refuse to look into allegations if they are ancient? What if they wouldn't constitute harassment even if they can be proven? So far, the case law has provided investigators with little direction as to what the Occupational Health and Safety Act (the "Act") means by requiring an investigation "appropriate in the circumstances." However, a few recent decisions are helpful.

Haarika Stoimenov (the "Complainant"), a nurse at St. Joseph's Healthcare in Hamilton, Ontario (the "Hospital"), alleged on October 9, 2019 that she had been subjected to workplace harassment. The Hospital conducted an internal investigation and issued a report on January 14, 2019. The Complainant complained to the Ministry of Labour (the "Ministry") about the quality of the investigation and the Hospital acknowledged

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