Workplace investigations are essential for addressing misconduct, upholding employee trust, and ensuring compliance with Ontario’s legal standards.
Jessyca Greenwood
Proper process for workplace inevstigations are critical.
Some recent cases such as Ontario Public Employees’ Union, Local 125 v. Lambton College of Applied Arts and Technology (2023)[i], Rutledge v. Markhaven Inc[ii]., Ontario Power Generation v. Society of Energy Professionals[iii], and Teamsters Canada Rail Conference v. Canadian Pacific Railway[iv] highlight some pitfalls that can compromise an investigation’s integrity and lead to serious consequences for employers and organizations.
Let us help you avoid these pitfalls.
In Lambton College, a professor and union steward was dismissed following accusations of filing a complaint in bad faith and secretly recording meetings. Issues arose over potential bias against the employee’s union activities and the handling of confidentiality and investigative fairness. Rutledge dealt with impartiality and confidentiality breaches, Ontario Power Generation centered on procedural fairness, and Teamsters Canada emphasized the need for respectful, unbiased interview techniques.
Together, these cases underscore the importance of upholding essential principles that ensure fair workplace investigations
Key Steps for Effective Workplace Investigations
1. Choose an Impartial, Conflict-Free Investigator
Selecting a truly impartial investigator is essential to building a credible workplace investigation. Investigators must be free from real or perceived conflicts of interest, which can compromise the investigation’s credibility. In Lambton College, the arbitrator noted biases related to the professor’s union role, affecting the investigation’s fairness. Ensuring both actual and perceived impartiality strengthens employee trust and promotes a fair process.
Best Practice: For complex or high-stakes cases, consider hiring a neutral, external investigator, especially if leadership is involved. This approach minimizes bias and reassures employees of the investigation’s fairness.
2. Ensure Confidentiality and Discretion
Confidentiality is essential for protecting the privacy of everyone involved in an investigation. In Rutledge, breaches of confidentiality led to privacy violations that compromised trust. By maintaining discretion, employers can make employees feel secure and more willing to participate fully.
Best Practice: Limit access to investigative information to only essential personnel, create private spaces for meetings, and emphasize confidentiality at every stage of the investigation.
3. Define and Adhere to the Investigation’s Scope
A clear investigation scope keeps the process focused and prevents overreach. In Lambton College, the inclusion of unrelated allegations raised questions of fairness. A well-defined scope helps avoid the appearance of unfair targeting.
Best Practice: Start with a clear investigation mandate, keep all parties informed about the scope, and communicate transparently if adjustments are needed to maintain trust and morale.
4. Maintain Procedural Fairness and Transparency
Procedural fairness is critical to a credible investigation. Subjects must understand the allegations against them and be given an opportunity to respond. In Ontario Power Generation, lack of transparency eroded trust and highlighted the importance of clear communication.
Best Practice: Inform employees of specific allegations early, document each investigation step, and allow both parties to review and respond to evidence.
5. Conduct Respectful and Professional Interviews
Using respectful and unbiased interview techniques fosters an environment of trust and openness, encouraging participants to share accurate accounts. In Teamsters Canada, dismissive interview tactics cast doubt on the investigation’s integrity.
Best Practice: Train investigators in trauma-informed, empathetic interviewing to create a safe space where participants feel encouraged to share openly.
Conclusion: Building Effective and Credible Workplace Investigations
The cases of Lambton College, Rutledge, Ontario Power Generation, and Teamsters Canada illustrate the challenges of conducting fair, thorough, and compliant workplace investigations. By prioritizing impartiality, confidentiality, procedural fairness, and respectful interactions, organizations can foster a culture of trust, integrity, and resilience. Effective workplace investigations meet legal standards, uphold employee morale, and enhance organizational credibility.
If you need guidance on conducting workplace investigations that protect your employees’ rights and your organization’s interests, contact Greenwood Law for expert advice.
Cited Sources
[i] Ontario Public Employees’ Union, Local 125 v Lambton College of Applied Arts and Technology, 2023 CanLII 60382 (ON LA)
[ii] Rutledge v Markhaven Inc., 2022 ONSC 3183 (CanLII)
[iii] Ontario Power Generation v Society of Energy Professionals, 2020 CanLII 142 (ON LA)
[iv] Teamsters Canada Rail Conference v Canadian Pacific Railway Company, 2019 CanLII 131167 (CA LA)
