Psychological Harassment Complaints – When The Investigator Gets Sued

In a recent judgment by the Court of Québec which may raise a few eyebrows, an investigator hired by an employer to inquire into psychological harassment complaints was ordered to pay an alleged harasser moral damages for pain and suffering.¹

Summary of the facts

Complaints of psychological harassment were initiated against David Zinga Ditomene, a Cegep teacher, by two of his colleagues. In keeping with the employer's harassment policy, an outside investigator, lawyer Louise Boulanger, was appointed to conduct an impartial investigation into the cases.

Ms. Boulanger's engagement as an investigator specified that she was to gather the accounts of the facts from the complainants, the individuals at whom the complaints were directed and any other relevant witnesses, analyse the well-foundedness of the allegations and prepare reports summarizing her analysis and findings and making her recommendations. She would be supported in these efforts by an investigation