Workplace investigations are an essential component of a healthy work culture. They help employees feel supported and assured that their concerns will be taken seriously by their employer. At the same time, effective workplace investigations can prevent conflict from escalating into larger issues that may poison the work environment.
An inexperienced or shoddy review of employee allegations can leave employers vulnerable to liability before a court or administrative tribunal. Sultan Lawyers conducts robust workplace investigations that are procedurally and legally sound. As impartial, third-party reviewers, we protect the integrity of the investigation process and recommend practical corrective action that preserves the rights of all parties involved.
Workplace investigations are a best practice for ensuring basic employment standards, are protected, and breaches of employment laws are swiftly addressed. However, it is important to note that employers are required by law to investigate specific allegations. Under the Occupational Health and Safety Act, employers must investigate incidents and complaints relating to workplace harassment and violence. Additionally, employers have been liable for substantial financial damages for failing to properly investigate alleged discrimination or other breaches of the Human Rights Code.
Employees involved in an investigation, whether as a complainant, respondent, or witness, should cooperate fully throughout the process. An employee who refuses to cooperate or interferes with the investigation may face discipline or termination.
Any parties involved in the investigation must also maintain confidentiality throughout the process. This discretion should continue even after the investigation is complete, as much as possible.
Fairness is perhaps the most crucial element to an effective workplace investigation. Any unfairness in the investigative process places the entire investigation at risk of being overturned upon review by a court or administrative tribunal – even if the outcome itself is correct.
What is “fair” depends on each case, but some fundamental elements of procedural and substantive fairness that apply to all investigations include:
The thorough investigation of an employee’s concerns not only protects the rights of the complainant employee but also those of the employer and the respondent named in the allegations:
An effective workplace investigation reduces the risk of the outcome being overturned in the future by a judge or administrative tribunal. Further, addressing problematic or illegal conduct (on either side of a complaint) helps maintain transparency and encourages open communication within the workplace.
Hiring an external workplace investigator has several procedural and legal advantages:
Sultan Lawyers provides comprehensive workplace investigation services that include these advantages and more. We understand the complexities of workplace relationships and conduct professional, robust investigations that protect the parties’ rights and can withstand judicial scrutiny. Through our extensive knowledge of employment conflict, we make recommendations to address problems and restore a healthy workplace culture.
With our diverse team and broad range of experience, Sultan Lawyers provides clients with a big firm experience through a small firm approach. Located in downtown Toronto, we practice exclusively in employment and workplace immigration law and proudly service clients across Canada and internationally. To schedule a confidential consultation, contact us at 416-214-5111 or email firstname.lastname@example.org.
“I want to sincerely thank Sharaf Sultan and his team for their assistance. Right from the beginning, I knew they were extremely knowledgeable and hard working. I also had confidence that Sharaf and his team understood my perspective and that they were prepared to work hard to receive the best result possible. Sharaf and his team were always professional and diligent when providing legal services. He truly went above and beyond my expectations. The whole team provided honest and precise services and they managed to solve any problems that arose during my case. I would definitely work with them again!!”C. Bell
“Kristine Gorman of Sultan Lawyers was terrific in helping me get a Canadian work visa. Responsive, friendly, but mostly incredibly thorough and efficient, she was a life line for when I needed wise counsel and focused expertise.”D. Baum, Ph.D., D.Min. Management Consultant
“Sultan Lawyers provided a great experience during a difficult time with my employer. Kristine was extremely thorough and knowledgeable when reviewing and articulating the risks and details of my severance package. I am thankful for Kristine as her expertise enabled and empowered me to confidently make a decision on my options.”James V.
“I wholeheartedly endorse Sharaf and Alexandra for their employment expertise and their impressive level of client service. Not only was their legal counsel top-notch, but Sharaf helped me navigate the tricky emotional waters related to my matter in a healthy way. He saw the big picture and helped me toward the best possible outcome for me now and into the future. As a lawyer myself, I realised that the smartest thing I could do in my circumstances was to have excellent legal advice, and Sharaf and Alexandra went above my expectations. It was empowering to work with them, and I can't thank Sultan Lawyers enough!”N. Haras
I had an incredible experience working with the Sultan Lawyers team from start to finish. They were friendly and professional, and made me feel at ease with what I was going through. They provided me with some incredible advice, which resulted in a better outcome than I had expected. They also followed up with me to make sure everything was ok, which was a lovely touch, they really care about their clients. I also felt like the service I received was incredibly affordable, and I would definitely recommend Sultan Lawyers to anyone, without hesitation.A. Kelly
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