How a Workplace Investigation and Harassment Training Helped Justify a Termination

Harassment is not permitted in the workplace. Both provincially in Ontario and federally there is legislation obligating employers to address harassment in the workplace. These pieces of legislation require workplace policies. Employers must make employees aware of the workplace policies. In Ontario, that is done through what the Occupational Health and Safety Act calls a “program.” Federally, that is done through Bill C-65 training.

Due to the seriousness given to harassment in the law today, employers are also generally expected to investigate alleged incidents of workplace harassment. The benefit of doing a proper investigation is so that the employer is both aware of the facts of the alleged harassment and takes appropriate disciplinary actions to stamp out harassment from the workplace. There is also the bonus effect that if the case goes to court, there is an investigative record that the counsel for the employer can rely on. A recent case where just that happened was Canadian Energy Workers Association v Atco Electric Ltd. (2026 CanLII 73513).

Canadian Energy Workers Association v Atco Electric Ltd., 2026 CanLII 73513 (AB GAA)

In Canadian Energy Workers Association v Atco Electric Ltd., an employee, Gary Brandt, was terminated following allegations of workplace harassment. The employer became aware of the alleged harassment after Mica MacSweyn, an apprentice Power Line Technician, provided it with a two-page memorandum outlining three alleged incidents. Prior to imposing discipline, the employer conducted a workplace investigation into the three alleged incidents. The investigation involved interviewing witnesses and reviewing the circumstances surrounding Mr. Brandt's conduct. The employer ultimately concluded that Mr. Brandt had engaged in inappropriate workplace behaviour that amounted to harassment and warranted termination. Mr. Brandt, through his union, challenged the termination, arguing that dismissal was excessive in the circumstances given his nearly four years of service and no prior disciplinary record.

The majority of the arbitration panel upheld the termination. In doing so, the panel relied extensively on the employer's workplace investigation and quoted portions of it throughout the decision. The investigation involved interviews with the complainant, Mr. Brandt, and several witnesses. The evidence also proved helpful for the employer’s counsel, as it could show when the evidence presented at the arbitration differed from the workplace investigation.

The arbitration panel also noted that the employer implemented and conducted an educational training program for the implementation of its harassment policy which policy required employees to respect their co-worker. The employer also required employees to periodically review its workplace harassment policy. The panel also noted that Mr. Brandt had reviewed the workplace harassment policy as recently as six days before the third alleged incident. This evidence supported the employer's position that Mr. Brandt was aware of its expectations regarding respectful workplace conduct. This was one of the factors supporting the majority's conclusion that reinstatement with a lesser penalty was not reasonable in the circumstances.

How Suzanne Desrosiers Professional Corporation can help

This case demonstrates the value of taking workplace harassment complaints seriously. A properly conducted investigation not only helps an employer determine what occurred, but also creates an evidentiary record that can later be relied upon if the discipline is challenged. Likewise, workplace harassment training serves an important preventative function while also helping employers establish that employees are aware of workplace expectations. When combined, a thorough investigation and meaningful training can significantly strengthen an employer's ability to defend disciplinary decisions, including terminations for harassment.

At Suzanne Desrosier Professional Corporation, we have employment lawyers who are trained in workplace investigations. Our investigations are thorough and are conducted in a manner designed to provide reliable evidence and well-reasoned findings should the investigation later be scrutinized in court, arbitration, or another form of proceeding. For federal workplaces, we also provide Bill C-65 training. To inquire about either of those services, please call us at (705) 268-6492 or email us at info@sdlawtimmins.com.