Share on LinkedInShare on LinkedIn

ARTICLE · 05 APRIL 2014

Workplace Harassment Investigations – Getting It Right

Cassels
Cassels
Contributor
Cassels

Cassels

Cassels Brock & Blackwell LLP is a Canadian law firm focused on serving the transaction, advocacy,...

View firm profile
Explore more from Cassels

Employers in Canada have a legal obligation to conduct an investigation into an employee’s complaint of workplace harassment and failing to do so can result in legal liability.

CanadaEmployment and HR
Anne-Marie Naccarato
Anne-Marie Naccarato
Author LinkedIn connections

Employers in Canada have a legal obligation to conduct an investigation into an employee's complaint of workplace harassment and failing to do so can result in legal liability. The following outlines some of our general recommendations on best practices to approaching workplace investigations.

Follow Your Policy (or Get One in Place)

Since June 15, 2010, in Ontario, employers have been required by the Occupational Health and Safety Act (the "OHSA") to have a written policy against workplace violence and harassment that tells employees how to make a complaint without fear and how the employer will investigate. Many employers also have similar policies related to specific harassment on the protected grounds outlined in the Human Rights Code. The policies may be as straightforward as informing employees that the company will investigate all complaints in a timely manner or it may involve a more formal "stepped" process. Your policies, or lack of policies, will be

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Tariffs, Terminations And EI: Implications Of Canada’s New Support Package For Employers

Canada's federal government has announced a $3.5 billion rapid response support package in anticipation of retaliatory tariffs against the United States, introducing new temporary employment insurance measures and workforce retention programs. The package extends EI benefits, waives waiting periods, and creates funding opportunities for employers to retain and retrain workers rather than implement large-scale layoffs.
CanadaEmployment and HR
Siskinds LLP
Siskinds LLP
Article

Silva v. Royal Bank Of Canada: A Cautionary Tale About Terminating For Cause

A financial planner's wrongful dismissal case against RBC resulted in over $2.5 million in damages after the bank filed an inaccurate termination notice that destroyed her career prospects. The Ontario Superior Court found the bank's conduct vindictive and its allegations of cause unproven, raising critical questions about employer obligations when reporting terminations in the investment industry.
CanadaEmployment and HR
Affleck Greene McMurtry LLP
Affleck Greene McMurtry LLP
Article

Unsubstantiated Findings In Workplace Investigations: What To Do When You Can’t Decide

When workplace investigators face difficult decisions, many default to marking allegations as "unsubstantiated" to avoid risk. However, this seemingly safe approach carries significant organizational costs, undermines complainant trust, and often stems from insufficient training in credibility assessment and the balance of probabilities standard.
CanadaEmployment and HR
RT Workplace Training & Consulting Inc.
RT Workplace Training & Consulting Inc.
Article

Canada Announces New Counter-Tariffs And Support Measures Following US Tariff Actions

Canada has announced sweeping counter-tariffs ranging from 15% to 50% on approximately C$27.6 billion of US imports, effective September 8, 2026, in direct response to President Trump's 50% Section 338 tariffs on Canadian goods. The measures target key sectors including steel, aluminum, dairy, appliances, and electronics, while the federal government simultaneously rolls out C$7.5 billion in support for affected businesses and workers. Understanding whether products qualify as US goods under Canada's markin
CanadaInternational Law
Cassels
Cassels
Article

Cassels On Competition: October 2026

More particularly, the Plaintiff had argued that the drip pricing provision in subsection 52(1.3) of the Competition Act requires “all-inclusive pricing” and forbids all forms of “fragmented or segmented pricing,” and that Ticketmaster’s partitioned price representations are thus prohibited as a criminal conduct and amount to false or misleading representations covered by the criminal misleading advertising provision in section 52
CanadaAntitrust/Competition Law
Cassels
Cassels
Article

Bill C-39: A New Era For Canadian Mining Project Approvals?

The Canadian government has introduced Bill C-39, the Building Canada Strong Act, proposing sweeping reforms to federal project approval processes that could fundamentally reshape mining project development and financing. The legislation aims to consolidate multiple federal reviews into a single coordinated process with a one-year decision timeline, while maintaining environmental protections and Indigenous consultation requirements.
CanadaGovernment, Public Sector
Cassels
Cassels
Article

New Can-Do CANDU Energy: Bill C-39 Looks To Reduce Regulatory Burdens And Streamline The Development Of Nuclear Projects In Canada

Bill C-39, the Building Canada Strong Act, proposes significant reforms to Canada's nuclear regulatory framework by restoring impact assessment authority to the Canadian Nuclear Safety Commission and introducing streamlined approval processes. The legislation aims to reduce regulatory duplication, permit preliminary construction activities before final project approval, and establish more constrained timelines for nuclear project assessments. Will these measures be sufficient to support the ambitious growth
CanadaEnergy and Natural Resources
Cassels
Cassels
Article

Substance Over Form: Ontario Court Of Appeal Revisits Employee Classification In Pringle v. Zenova Group PLC

The Ontario Court of Appeal has ruled that contractual labels cannot override the true nature of working relationships, even when workers choose independent contractor status for tax benefits. This decision examines how shareholding in a company intersects with employment status and whether foreign forum selection clauses can prevent Ontario workers from accessing provincial employment protections.
CanadaEmployment and HR
Cassels
Cassels