Workplace Investigation

An employer’s duty to investigate is triggered when the employer should reasonably be aware of possible misconduct, and/or when the employer has received an oral complaint, a written complaint, or an anonymous complaint. Workplace complaints can originate from employees, customers, or third parties. While investigations can be conducted internally, it is imperative that the internal investigator be able to put his or her daily tasks aside and immediately jump in and conduct the investigation. Where many employers end up in hot water is not because of an internal investigator’s failure to investigate; it is because their investigation is found to be flawed, inadequate and/or biased. Many internal investigators do not have the necessary knowledge and or training or the time to conduct a proper workplace investigation.

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Suzanne Desrosiers has received workplace investigation training from Roger Beaudry of Aptus Conflict Solutions. Prior to receiving her most recent training, she has conducted a number of workplace investigations for various employers. Our firm provides bilingual services. This is an essential asset, as it allows us to interview complainants, respondents and witnesses in both French and English. Moreover, our extensive knowledge of Employment Law and Human Rights legislation combined with our experience as lawyers, provides us with the necessary skills and qualifications to conduct external workplace investigations for both Federal and Provincial employers. It would therefore be preferable to hire an external investigator when:

  • The complaint is highly sensitive
  • There is a hint of conflict of interest
  • The dispute involves more senior individuals in the organization
  • The allegations are particularly serious
  • The dispute involves complicated legal or technical issues

Typical areas where an external investigation may be required are:

  • Workplace discrimination
  • Workplace harassment & violence
  • Sexual harassment

Bill C-65 – “An Act to Amend the Canada Labour Code” & Bill C-65 Regulations

Bill C-65, “An Act to Amend the Canada Labour Code dealing with (harassment and violence)" received royal assent; and came into full force and effect on October 25, 2018. The Act expands federal employers’ workplace harassment and violence obligations under the Canada Labour Code. The Government has recently proposed regulations that will bring into force the amendments that were introduced in Bill C-65. The regulations are scheduled to come into effect January 1st 2021.

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