Following the evolution in workplace law and changing societal norms, workplace investigations have become increasingly important for employers as part of their obligation to maintain a safe workplace. Employers have been subjected to increased scrutiny by Courts and Tribunals for failing to take appropriate and prompt action in properly investigating workplace incidents. Employers have further been exposed to significant liability for conducting flawed investigations.
Under health and safety legislation and human rights law, employers are required to investigate when they become aware of or receive a complaint regarding workplace violence, harassment, bullying or discrimination. Where there are allegations of serious misconduct, hiring an impartial, third-party investigator to conduct an objective, prompt, and legally defensible investigation is strongly advised. Moreover, where allegations are less serious and an investigation is conducted internally, seeking external legal advice and support throughout the investigation is invaluable.
Our employment lawyers are certified workplace investigators.
- We are available to conduct impartial, efficient, sensitive, and timely workplace investigations where an external investigator is required.
- We understand the legal requirements that must be met for an effective workplace investigation.
- We know the law, and the requirements of procedural fairness and due process that are integral to a legally defensible investigation.
- We can also provide the support and guidance needed by employers conducting their own internal investigations.
- We conduct fact-based investigations, focused on evidence and assessments of credibility.
- Our approach is trauma-informed. We understand the effects of trauma on individuals, and their recounting of events.
- We work to maintain confidentiality and protect the privacy interests of all those involved.
Depending on the mandate, investigations can involve interviewing complainants, respondents, and witnesses, making findings of fact, applying applicable workplace policies and legal requirements, and drafting a report with findings as to whether the allegations are substantiated. We can also provide recommendations following an investigation based on our findings. Where the results of the investigation identify a need for employees to understand proper workplace conduct, we can also provide customized post-investigation training for your workplace.