In Ontario, employers have a legal duty to investigate complaints of harassment, discrimination, and workplace misconduct under both the Occupational Health and Safety Act (OHSA) and the Ontario Human Rights Code. But how deep must an employer go to meet their legal obligation?
A recent case before the Human Rights Tribunal of Ontario provides a clear reminder: an incomplete investigation can result in serious consequences for employers.
Case Highlight: Incomplete Investigation Leads to Liability
In this case, an employee brought forward multiple complaints of harassment by coworkers. The allegations included:
- Swearing, yelling, and verbal abuse;
- Derogatory comments about religion, sexual orientation, and culture;
- Accusations of being called a pedophile and gay, along with further religiously charged remarks.
The employer responded by investigating the first set of allegations and concluded that both the complainant and the coworker had engaged in inappropriate conduct. However, when the second, more serious allegations were made, the employer claimed it could not substantiate them—in part because the employee declined to participate further in the investigation.
Crucially, the employer did not interview the coworker accused in the second round of allegations before making that determination.
The Tribunal’s Findings
The Human Rights Tribunal ruled that the employer’s investigation was inadequate and incomplete. It emphasized that:
- Employers are obligated to investigate all allegations of harassment and discrimination, even if the complainant is reluctant to participate;
- The employer should have interviewed the accused individual and pursued additional steps to assess the complaint;
- Failing to do so amounted to a breach of the duty to investigate.
As a result, the Tribunal ordered the employer to:
- Pay damages to the employee;
- Revise its harassment policies;
- Retain a human rights expert to conduct workplace training.
Key Takeaways for Employers
- Investigate all allegations: Even if an employee is uncooperative or reluctant to participate further, employers must do everything reasonably possible to investigate the claims.
- Follow a consistent, objective process: Employers should ensure all relevant witnesses are interviewed, documentation is reviewed, and conclusions are based on evidence—not assumptions.
- Partial investigations can lead to legal liability: Failing to investigate thoroughly may result in findings of discrimination or failure to meet legal obligations under OHSA and the Human Rights Code.
- Document everything: A clear investigation record protects both the employer and the integrity of the process.
Need Help with a Workplace Investigation?
At Singh Lamarche LLP, our experienced employment lawyers assist employers with every stage of the workplace investigation process—from planning and execution to policy revision and training. Whether you’re facing a complaint or looking to improve your internal procedures, we’re here to help.
Contact us today to ensure your workplace investigations are thorough, compliant, and defensible.
