A complaint lands on your desk. An employee says a manager has been harassing them, or a team member reports serious misconduct. What happens next matters a great deal, both for the people involved and for your organization’s legal exposure. In Ontario, employers don’t just have a moral reason to investigate properly. They have a legal duty to do it.
Your legal obligations
Ontario’s Occupational Health and Safety Act requires employers to have a workplace harassment policy and program, and to review them at least once a year. When a complaint or incident of workplace harassment comes up, the employer must make sure an investigation is carried out that is appropriate in the circumstances. Afterwards, both the person who complained and the person accused must be told the results in writing, along with any corrective action taken.
If an employer doesn’t meet these duties, a Ministry inspector can order an investigation by an outside investigator at the employer’s expense. A poorly handled investigation can also become evidence in a later lawsuit or human rights complaint.
Step one: respond quickly and protect people
Acknowledge the complaint promptly and take it seriously, even if it seems minor or comes from a difficult employee. Think about interim measures to protect the complainant and preserve the integrity of the process. That could mean changing reporting lines or schedules, or in serious cases, placing the accused person on paid leave while the investigation takes place. These steps should be protective, not punishing.
Step two: choose the right investigator
Small, straightforward complaints can sometimes be handled by a trained HR professional. But if the allegations involve senior leaders, sexual harassment, multiple people, or a real risk of litigation, an external investigator is usually the better choice. An outside investigator brings neutrality and experience, and their findings tend to carry more weight. When a lawyer is retained to provide legal advice about the investigation, some communications may also be protected by privilege.
Step three: run a fair process
A fair investigation follows a clear plan. The investigator interviews the complainant, the respondent and relevant witnesses, and reviews documents such as emails, messages and schedules. The person accused must be told what the allegations are and given a real chance to respond. Everyone should be reminded to keep the process confidential and told that retaliation won’t be tolerated.
The investigator then weighs the evidence and makes findings on a balance of probabilities, meaning whether it’s more likely than not that the alleged conduct happened.
Step four: act on the findings
The report is only useful if you act on it. Depending on the findings, that might mean discipline, training, changes to supervision, or in serious cases, termination. Communicate the results in writing to both parties as the law requires, and keep good records of every step.
Common mistakes to avoid
The most common mistakes are waiting too long, letting someone with a conflict of interest investigate, deciding the outcome before hearing both sides, and failing to document the process. Any of these can undermine the investigation and expose the organization to claims.
Getting help
Our workplace investigations team conducts independent investigations and advises employers on running their own. For broader workplace issues, see our employment law services, and share our guide on navigating workplace harassment with managers who need to understand the basics.
