You are an employer in Ontario. An employee has raised concerns about a colleague’s behaviour. Whether the allegations could amount to workplace harassment, workplace violence, discrimination, or other inappropriate conduct, your response matters.
It’s natural to have an immediate reaction. Pay attention to that! You may believe the respondent would never act that way, or you may feel the complainant has a history of raising concerns. However, when workplace allegations arise, assumptions can quickly create legal risk. Ask yourself: if your first instinct is to dismiss the complaint, or if those around you are inclined to downplay it, that’s a sign. The safest approach is to pause, remain objective, and follow a fair investigation process. It may be time to consider bringing in an external, independent investigator. An independent investigation can help ensure the process is objective, credible, and aligned with legal requirements.
Many employers are surprised to learn that a workplace investigation begins long before interviews are scheduled. Key decisions about communication, documentation, interim workplace measures, and confidentiality can significantly affect the integrity of the process. Getting guidance early can help employers navigate these challenges while maintaining trust and fairness for everyone involved.
Over the course of my career, I’ve not only conducted workplace investigations as an investigator, but I’ve also guided employers, complainants, and respondents through the investigation process. One thing I’ve seen repeatedly is that organizations often struggle most at the beginning. Determining how – and how quickly – to respond, what steps to take, and whether an external investigator is needed can be just as important as the investigation itself.
Ontario law has evolved, and employers now have a clear obligation under the Occupational Health and Safety Act (OHSA) and the Ontario Human Rights Code. When allegations arise that could amount to harassment, workplace violence, or discriminatory conduct, employers must conduct an investigation that is reasonable and appropriate to the situation. Confidentiality is key. During the process, it’s crucial to protect the privacy of all parties involved. Ontario law also prohibits retaliation. No one can face negative consequences for participating in good faith.
Small to medium-sized employers are sometimes tempted to address workplace complaints informally or internally without a structured process. But under the OHSA and the Human Rights Code, that approach can create risk. A reasonable, appropriate, and neutral investigation is not just best practice. It’s the law.
From an employer’s perspective, a well-managed workplace investigation is about more than legal compliance. It helps demonstrate that concerns are being taken seriously, supports psychological safety in the workplace, and can reduce the likelihood of further conflict or litigation.
In today’s legal landscape, ignoring or brushing off allegations can open the door to legal liability. By understanding your duties under Ontario law and recognizing when to seek independent investigation support or guidance through the process, you can better protect your organization, reduce legal risk, and foster a safer, fairer workplace for everyone.
For Ontario employers, taking every complaint seriously and following through with a fair, appropriate investigation isn’t optional. It’s essential. Contact us for more information and guidance.