Do You Need Help Conducting an Ontario Workplace Harassment Investigation?
A workplace investigation is an independent and impartial process whereby an internal or external investigator collects evidence and analyzes those findings to conclude and resolve a workplace harassment complaint.
We Conduct External Third-Party Investigations
Vey Willetts LLP undertakes the role of a third-party investigator for businesses, organizations, institutions, and beyond in both unionized and non-unionized workplaces.
All provincially regulated employers in Ontario are required to conduct workplace investigations when they receive complaints of harassment, which may include bullying, sexual harassment, discrimination, violence, and the like. Both the Occupational Health and Safety Act (OHSA) and the Ontario Human Rights Code (OHRC) define harassment as “engaging in a course of vexatious comment or conduct which is known or ought reasonably to be known to be unwelcome.”
The Ontario Human Rights Code, in particular, protects all persons in the workplace from harassment based on one or more of the prohibited grounds (such as sex, sexuality, race, disability, religion, age, etc.). Note that federally regulated employers are subject to separate rules as mandated by the Canada Labour Code and Canadian Human Rights Act.
How can a Vey Willetts LLP Employment Lawyer help resolve a workplace harassment complaint in Ontario?
We conduct a procedurally fair process from start to finish, including:
Reviewing the harassment complaint in its entirety;
Evaluating our client’s current processes and policies to address harassment complaints;
Collecting evidence from all relevant parties while being mindful of confidentiality and;
Preparing a report for the employer with clear findings, objective legal conclusions on the balance of probabilities, and, when requested, suggested next steps.
Our extensive expertise in workplace harassment, OHSA, OHRC, and other relevant employment and labour laws allow us to resolve complex harassment complaints in the workplace and deliver fair outcomes.
When Should You Consider Hiring an Employment Lawyer that Specializes in Workplace Harrassment?
According to Ontario guidelines, there are various type of persons that can conduct workplace investigations. You might choose to have an internal person such as supervisor or an HR profession conduct the investigation. You also have the option to hire an external third-party investigator.
Nevertheless, in all circumstances, the employer must ensure that an investigation appropriate to the circumstances is conducted. The investigator should be familiar with applicable statutory requirements, any applicable internal policies and, beyond that, act in a demonstrably objective and impartial manner. In other words, the investigator cannot be a party involved in the complaint or have a reporting relationship with the alleged harasser.
As such, where the workplace is small, the issues broad-ranging or complex, or there are concerns about ensuring a transparent and unbiased process, it may make sense to retain an external investigator. The lawyers at Vey Willetts LLP are experienced in conducting investigations and can provide this service in a timely and efficient manner.