Workplace Sexual Harassment & Sexual Assault Defence Lawyers

Obtain Legal Counsel Immediately Upon Notification

The moment you learn of sexual harassment or assault allegations, whether through investigation notices, complaint disclosures, or informal warnings, consult workplace defence counsel immediately. Early legal involvement preserves attorney-client privilege over your account, prevents damaging admissions during initial reactions, and enables strategic evidence preservation before memories fade or documents are lost.

Preserve All Relevant Evidence Comprehensively

Immediately secure emails, text messages, meeting notes, performance reviews, witness contact information, and any documentation relevant to allegations. Download and preserve electronic communications before they’re deleted or devices are seized. Identify witnesses who observed relevant interactions or can speak to your character, workplace relationships, or complainant credibility. Never delete communications or alter records, evidence destruction independently supports adverse inferences.

Request Detailed Particulars Before Responding

Vague allegations like “inappropriate conduct” or “creating hostile environment” provide insufficient notice to respond meaningfully. Demand specific details: exact statements allegedly made, dates and locations of incidents, identity of witnesses present, and particular conduct alleged. Without adequate particulars, investigators cannot fairly assess your response. Document requests for specifics in writing, establishing procedural fairness violations if employers proceed without disclosure.

Prepare Strategic Written Responses with Legal Input

Investigation interviews and written position statements become permanent records used in subsequent HRTO proceedings, wrongful dismissal litigation, or criminal trials. Never provide unscripted responses without legal review. Comprehensive written responses addressing each allegation while avoiding unnecessary admissions require careful drafting. Balance providing your perspective fully with protecting against future evidentiary use.

Challenge Procedural Deficiencies and Investigator Bias

Monitor investigations for procedural unfairness: biased investigators with relationships to complainants, inadequate opportunities to respond to new evidence, selective witness interviews, predetermined conclusions, or denial of relevant evidence submission. Raise objections in writing during investigations, preserving grounds to challenge findings. Request different investigators if bias appears, document all procedural violations, and demand compliance with OHSA and fairness requirements.

Assess Parallel Proceeding Risks and Strategic Coordination

Sexual harassment allegations may trigger simultaneous workplace discipline, HRTO applications, Ministry of Labour orders, and criminal investigations. Each proceeding has different disclosure obligations, evidentiary standards, and strategic considerations. Criminal defence counsel must coordinate with employment lawyers to avoid creating admissions in workplace proceedings that prejudice criminal defence. Strategic decisions about participation, disclosure, and settlement require comprehensive analysis across all forums.

Consider Defamation Claims When Appropriate

While workplace investigation reports typically enjoy qualified privilege protecting against defamation, publication beyond necessary recipients or malicious falsehoods may support defamation claims. The Ontario Court of Appeal’s Safavi-Naini v. Rubin Thomlinson decision confirms that investigation reports on matters of public interest may receive additional protection, but defamation remains available where false statements are maliciously published or exceed privileged contexts.