Workplace Investigations Update

Workplace investigations are an important tool that employers can use to address issues of workplace harassment.

Statistics Canada released data in early 2024 which indicated a high incident of workplace harassment complaints (nearly 50% of women and approximately 30% of men reported experiencing workplace harassment.

Workplace investigations can assist employers in addressing this issue but a review of some recent case law suggests that flawed investigations can end in results that are not effective, and further, are time-consuming and expensive.

For example, often the employer has a policy in place that describes a formal investigation process and how it will be conducted. Further, the policy may specify the parties to be interviewed as part of a workplace investigation. Sometimes, circumstances may arise in which the investigation does not entirely follow the formal investigation process set out in the policy.