Look, I’m not going to sugarcoat it—workplace investigations are a total headache these days. After 15+ years of handling these cases, I’ve watched them get messier and more complicated by the year.
The Legal Maze
Remember when HR could handle most internal issues without lawyers? Those days are long gone.
I was just telling a client last week that you wouldn’t believe how many companies come to me after they’ve botched an investigation. By then, they face human rights complaints, constructive dismissal claims, or worse. Ontario’s legal landscape is no joke. Between the Occupational Health and Safety Act amendments, the Human Rights Code, and the ever-evolving case law, you’re practically begging for trouble if you wing it and that is why labour lawyer in Ontario is a necessity.
Starting Right
So many investigations go sideways right from the start. Here’s what happens:
A complaint comes in. Someone panics. The “investigation” begins with no game plan.
I saw this nightmare scenario at a Durham Region manufacturing plant. HR jumped into interviewing everyone who’d ever interacted with the complainant – no scope, no plan, nothing. Six weeks in, they’d created a paper trail of inconsistent approaches, missed key witnesses, and trampled all over privacy boundaries.
By the time they called me, they were facing potential legal action from BOTH the complainant AND the accused. What a mess.
A good lawyer helps you nail down:
- What exactly are you investigating? (Stay focused!)
- Who should handle it (sometimes it shouldn’t be you)
- Which policies matter here
- How to document every step without creating new problems
Play Fair or Pay Later
The courts don’t mess around with procedural fairness anymore. I’ve watched judges demolish employers who cut corners.
Remember that 2019 case where the employer didn’t let the respondent bring representation to the interview? Or that construction company that only gave the accused employee 24 hours to respond to allegations? Both got hammered in court.
You need to:
- Spell out exactly what process you’re following
- Give crystal-clear notice about what’s being alleged
- Let people bring appropriate support
- Keep your bias in check (we all have some)
- Write everything down like your business depends on it (it might!)
Evidence That Holds Up
This is where most folks crash and burn. Getting usable evidence isn’t like what you see on TV.
I’ve coached countless managers through witness interviews. The untrained ones always make the same mistakes: leading questions, not getting specific details, accepting vague answers, and letting personal feelings creep in.
You need someone who knows:
- How to structure an interview that doesn’t create more problems
- What documents you absolutely must secure (and how)
- What to do when stories conflict (and they always do)
- How much proof you need
- Where the privacy boundaries lie
The Lawsuits You Don’t See Coming
Every investigation is a potential legal tripwire. I’ve seen companies get blindsided by:
- Defamation suits from the accused
- Privacy complaints when confidentiality is breached
- Constructive dismissal claims after botched processes
- Union grievances about contract violations
A good lawyer spots these landmines before you step on them. They’ll help protect privileged conversations and build a record showing you took reasonable steps.
What Happens After “Case Closed”
This is the part everyone rushes through. Big mistake.
An investigation isn’t over when you’ve gathered facts – you’ve still got to:
- Figure out if policies were broken
- Decide on proportional consequences
- Write a report that won’t fall apart under scrutiny
- Communicate results without creating new legal headaches
- Fix any underlying issues that caused the mess
After all these years in the trenches, I know that reasonable investigations balance speed with thoroughness, privacy with transparency, and fairness with efficiency.
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