Workplace investigations in Canada can be complex to navigate, with few rules governing the process. While some legislation addresses investigations, there is wide leeway to implement them.
“In Ontario, we have the Occupational Health and Safety Act, which creates a duty to investigate where there are incidents of workplace harassment or violence. That creates an obligation for employers to prepare and implement some policy on how employee complaints are to be investigated,” said Geoffrey Wong, a workplace investigator at Rubin Thomlinson in Toronto.