Resources
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Q - Do I need to do an investigation?
A – Yes, the employer has the responsibility to keep their employees safe. If an allegation of harassment, discrimination, assault, or any of the Ontario Human Rights Code or the Occupational Health and Safety Act violations, the employer than has the legal obligation to conduct an investigation.
Q – Does it have to be a formal investigation?
A – That will depend on the employer’s policy and procedures on investigating allegations. Anything the Employer may deem as “minor” may be investigated informally however record of the allegations need to be retained.
Q – Are investigations ever mandatory?
A – Yes, sometimes investigations may be deemed mandatory by an outside agency such as the Ministry of Labour (MOL). If the allegation was received by the MOL, they may mandate the employer to hire an outside agency to conduct an investigation.
Q – What are my rights if I’m named in the allegation?
A – Unlike the criminal justice system, you have no inherent right to councel. You are free to seek legal representation. Employees may also seek guidance from a union representative and during any interview process are often allowed to have legal councel, union, or a comfort person in attendance. Any statement provided, including e-mail, can formulate part of your response and may be analyzed by the investigator.
Q – Can I choose not to participate in the process?
A – You may be bound by your companies’ policies and procedures to participate in the process, regardless of your involvement (witness, respondent). Failing to participate could result in disciplinary actions.
Q – What happens after the investigation is complete?
A – The investigator may make recommendations to the employer which may include additional training, disciplinary actions, or policy revisions.
Q – Is the investigation confidential?
A – For the most part, Yes. However, the respondent has the right to know the substance of the allegation and who made the allegation against them. Any witness statements are kept confidential.
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