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 khayward@sultanlawyers.com.
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