Workplace Investigations: When To Start And How To Finish

We speak (and blog and train) often about how to conduct a workplace investigation. However, it's important to remember that employers need to be aware of their legal obligations relating to when to start one and how to finish it. Two recent decisions provide important information about these investigation bookends.

Duty to Investigate

S.E. v. 2474489 Ontario Inc. (o/a Opa! Souvlaki)¹

The facts:

The applicant filed a complaint with the Human Rights Tribunal of Ontario (HRTO) alleging discrimination with respect to employment because of sex, including sexual harassment, sexual solicitation or advances, and reprisal. The applicant worked at a restaurant franchise (corporate respondent) owned solely by the personal respondent. "Daniel" (who declared himself a friend of the personal respondent) was hired as a manager a few months into the applicant's tenure. The applicant alleged that from the start of his employment, Daniel engaged in sexual harassment