Workplace Harassment Investigations: What Employers Need To Know

Conflict between employees and misconduct by employees is a fact of employment life in most workplaces. An employer may be required to conduct an investigation into incidents and complaints of workplace harassment or violence. Applicable governing legislation in Ontario, for example, is the Occupational Health and Safety Act and the Human Rights Code. The employer's own workplace policies must also be followed.

There may be a temptation at times, being in receipt of such allegations, for the employer to mediate a quick resolution, bring closure to the incident and get on with the business of business. This is not a good idea. In addition to the statutory legal obligation that could require a timely and objective investigation, the employer should want to know all the facts of any harassment/violence in its workplace so that it can respond in a reflective fashion that is seen by all employees as fair and thorough. All employers wanting to retain good employees,