Workplace Investigations
Zayouna Law Firm advises Ontario employees who are named in a workplace investigation, and employees whose own complaint was investigated badly.
The meeting invitation is short. What follows it is not.
Workplace investigations arrive with very little notice. An email asks you to attend a meeting the next morning, names no allegations, and does not say who is investigating or what happens with the findings. Whether you are the person who complained or the person complained about, that meeting becomes the record, and it is often the record an employer relies on months later to justify what it did next.
Ontario requires employers to investigate harassment and violence complaints in a way that is appropriate in the circumstances, and to give the complainant and the respondent the results in writing. Neither obligation guarantees a competent investigation, A flawed investigation has consequences for both sides, and they are easier to head off before the first interview than after it.
YOU DESERVE TO BE TREATED FAIRLY
If you have been named in a complaint
Being interviewed is usually part of your job, and refusing outright can itself become a discipline issue. What you can do is ask for the allegations in writing, ask for time to prepare, and ask who will see the findings. A calm written account given after preparation is worth more than an unprepared answer given under pressure.
There is generally no right to have a lawyer in the room at a non-unionized workplace, though some employers permit it. Advice before and after each interview is available either way. If you are only a witness, and the allegations have nothing to do with your own conduct, an interview is usually just an interview and does not need counsel.
WHAT A FAIR INVESTIGATION LOOKS LIKE
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Preparing for an investigation interview
Preparation is mostly assembly. Investigations tend to turn on dates, sequence and documents rather than on how convincing anyone sounds in a meeting, and the person who arrives with a clear timeline is in a better position than the person recalling events from memory under stress.
- The written allegations, or your note of what you were told the meeting concerned
- A dated timeline of the events at issue, prepared before the interview
- Emails, messages, schedules and files that support your account, saved outside company systems
- Names of witnesses and what each saw
- Any policy, training or instruction you were following at the time
When the investigation was inadequate
Investigations fail in recognizable ways: the employer investigates itself, witnesses are never interviewed, the respondent never learns the specific allegations, or no written results ever arrive. A Ministry of Labour inspector can order an impartial investigation at the employer’s expense, and a flawed process can also support damages in a related dismissal claim.
What happens after the findings?
You are entitled to the results, which is not the same as a copy of the report. A substantiated finding can support discipline or an allegation of just cause, and an unsubstantiated one does not always end the matter, since employers sometimes restructure a role instead. Review either outcome before you respond to it.
Employer retained investigations
Employers also retain external counsel to investigate, and the reason is usually straightforward: an internal investigation into a senior employee is difficult to defend as neutral. An external investigator sets the scope, interviews the parties and witnesses, applies the standard of proof, and delivers findings the employer can act on.
Our Workplace Investigation Experience
Samiya Ahmad prepares employees for investigation interviews and challenges flawed processes. Book a free consultation.
Results
The most useful work in these files happens before the first interview, because an account given without preparation is the one an employer quotes back later.
Relationships
Investigations move on the employer’s schedule, so you need the lawyer who knows your file reachable between interviews. The firm works in several languages, with interpreters available.
Recovery
Sometimes the goal is keeping your job and your record intact. Sometimes the investigation is the start of an exit, and the terms of that exit become the work.
Service Areas
Workplace Investigations Etobicoke
Investigation advice for Etobicoke employees, from the firm’s Four Seasons Place office in Etobicoke.
Workplace Investigations Toronto
Investigation advice for Toronto employees, including senior staff facing allegations.
Workplace Investigations Burlington
Investigation advice for Burlington and Halton employees, from the Ironstone Drive office.
Workplace Investigations Brampton
Investigation advice for Brampton employees across shift based and unionized workplaces.
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Common Questions About Investigations
Do I have to participate in a workplace investigation?
Usually yes. Cooperating with a workplace investigation is generally treated as part of your duties, and refusing outright can become a discipline issue on its own. What you can reasonably ask for is the allegations in writing and enough time to prepare a considered response.
Can I bring a lawyer to an investigation meeting?
There is generally no right to counsel in the room at a non-unionized workplace, although some employers allow it. Advice before and after each interview is available regardless.
Am I entitled to a copy of the investigation report?
You are entitled to the results in writing, not usually to the report itself. What the summary says still matters, because the employer will act on it.
Are workplace investigations confidential?
Mostly, though not absolutely. Information is shared as needed to investigate, and both parties receive the results, so treat nothing you say as private.
Can I be suspended during an investigation?
Often yes, and whether an unpaid suspension is permissible depends on your contract. An unpaid administrative suspension can itself support a constructive dismissal claim.
How long does a workplace investigation take?
Weeks in a simple case, longer where there are several witnesses. The Act requires completion within a reasonable time, which isn’t a fixed number of days.
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If you are facing wrongful dismissal, workplace harassment, or another employment dispute, our employment lawyers help individuals across Ontario understand their rights and pursue fair outcomes.