Workplace Investigations Law Firm
Workplace Investigation Lawyers Ontario
Conducting Investigations. Defending Respondents. Advising Employers.
When a workplace complaint surfaces, harassment, discrimination, misconduct, or a policy violation, the decisions made in the first days shape everything that follows. Whether the matter resolves through a well-managed investigation or escalates into litigation, tribunal proceedings, or reputational damage often comes down to whether the right legal guidance was in place from the start.
The Greenwood Law Team
Greenwood Law’s workplace investigation team brings over 15 years of combined expertise in conducting neutral, independent investigations, defending individuals facing workplace allegations, and advising employers on investigation-related legal obligations across Ontario and throughout Canada.
Workplace Investigations Law Firm
Greenwood Law is one of the few Ontario firms that offers a complete workplace investigation practice. We conduct independent investigations for employers. We defend respondents named in investigations conducted by others. And we advise employers and in-house counsel through every stage of the process, from the initial complaint through post-investigation decision-making. This breadth means we understand investigations from every angle, which makes us better at all of it.
Our team is led by Jessyca Greenwood, an AWI-CH certified workplace investigator with over sixteen years of experience who has appeared at all court levels across Canada. Jessyca serves as Vice President of the Criminal Lawyers’ Association, sits as a Legal Member on the Ontario Review Board, and has been recognized among Canada’s Best Lawyers and Toronto Life’s Top Lawyers.
Why a Complete Investigation Practice Matters
Most firms in this space do one thing: they either conduct investigations as neutral fact-finders, or they practise employment law without ever having led an investigation from the inside. Neither perspective is complete on its own.
Greenwood Law does both, and more. Because our lawyers have conducted investigations, defended respondents under cross-examination, and advised employers on decisions flowing from investigation findings, we bring an integrated perspective that stands apart.
As investigators, we write reports knowing how they will be tested in litigation or at tribunal, because we have been the lawyers doing the testing.
As defence counsel, we understand the investigation process from the inside, which lets us identify procedural gaps and credibility errors that other lawyers would miss.
As employer advisors, we guide organizations through the full lifecycle of a workplace complaint, from threshold assessment through post-investigation decision-making.
When Is a Workplace Investigation Required?
Section 32.0.7 of the Occupational Health and Safety Act requires employers to investigate “incidents and complaints” of workplace harassment. Note the word “incidents”, a formal written complaint is not required. If an employer becomes aware of conduct that may constitute harassment through any channel, the duty to investigate kicks in. Since the Bill 190 amendments, that duty expressly covers harassment happening through email, text, video calls, and social media.
Beyond the OHSA, investigations may also be required or advisable in response to discrimination complaints under the Ontario Human Rights Code, workplace violence allegations, fraud or misconduct, whistleblower disclosures, and situations where the employer needs a factual basis to support disciplinary action or termination for cause.
What Makes a Defensible Investigation?
Courts and tribunals do not demand perfection. They require a process that is prompt, thorough, impartial, and conducted in good faith. In our experience, investigations are most commonly challenged on timeliness, procedural fairness (whether the respondent had a meaningful opportunity to respond), investigator impartiality, whether findings were genuinely supported by the evidence, and whether the process accounted for the impact of trauma on memory and behaviour. Our methodology is designed to address each of these.
Who We Work With
Employers and organizations, HR directors, in-house counsel, business owners, boards, and executives facing workplace complaints and post-investigation decisions.
Respondents, Individuals named in investigations who need experienced defence counsel to protect their rights and reputations.
Regulated professionals, Physicians, nurses, dentists, pharmacists, veterinarians, accountants, real estate agents, insurance brokers, and investment advisors facing investigations that intersect with professional regulatory obligations.
Investigators and in-house counsel, Professionals who need peer review, review counsel support, or consultation on complex investigation issues.
After the Investigation
An employer’s obligations do not end when the report is delivered. The OHSA requires that both the complainant and the respondent be informed in writing of the results and any corrective action taken or planned. This disclosure must be specific, a vague statement that a complaint was “upheld” is not sufficient. Greenwood Law advises employers on post-investigation decision-making, closure communications, implementing recommendations, and preventing retaliation.
Hear From Our Clients
Workplace Investigations Law Firm You Can Trust
We conduct impartial workplace investigations, defend respondents, and advise employers across Ontario, providing experienced legal guidance at every stage of the investigation process.
Table of Contents
Hear From Our Clients
Workplace Investigation Law Firm You Can Trust
We conduct impartial workplace investigations, defend respondents, and advise employers across Ontario, providing experienced legal guidance at every stage of the investigation process.
Our Workplace Investigation Services
Conducting Independent Workplace Investigations
Every report we produce is written with one question in mind: will this hold up if it is challenged at the HRTO, the OLRB, or in court? That standard drives our methodology, from how we structure interviews to how we assess credibility and document findings.
Defending Respondents in Workplace Investigations
Being named as a respondent can upend your career, and the process often feels stacked against you from the start. We walk respondents through interview preparation, review the allegations with them, push back when procedural rights are not being respected, and hold the investigator to the standard of fairness the process demands. Because we have conducted investigations ourselves, we spot the problems other lawyers miss.
Advising Employers Through the Investigation Process
Sometimes you have an investigator handling the fact-finding, and what you need is a lawyer advising in real time, on scope, privilege, interim measures, and the legal issues surfacing as the investigation unfolds. We also review completed reports before you act on them, because the gap between what an investigator concluded and what you can safely rely on is often wider than employers expect.
Workplace Training
We run training for HR teams, managers, and in-house counsel built around real scenarios from our investigation practice, investigation fundamentals, complaint handling, respectful workplace expectations, and trauma-informed interviewing. Our trainers are active investigators and litigators, not just trainers.
Workplace Assessments and Systemic Reviews
When the issue is a pattern rather than a single complaint, repeated conflicts, high turnover, a pervasive sense that something is wrong, we conduct diagnostic reviews that examine culture, management practices, and organizational dynamics to identify root causes and recommend targeted interventions.
Workplace Mediation and Restoration
Investigations resolve factual disputes, but they do not always resolve the underlying conflict. We provide mediation and post-investigation workplace restoration support to help organizations rebuild after a difficult process.
We review draft investigation reports for legal sufficiency, consult on complex credibility questions, and provide fractional review counsel services to fellow investigators and in-house teams. We assess reports through the lens of how they will hold up under cross-examination.
Before launching a full investigation, it is worth asking whether the complaint actually calls for one. A threshold assessment takes the allegations at face value and asks whether they would amount to a policy breach or legislative violation, helping employers avoid over-reacting or under-reacting, with a documented record of the reasoning.
Some employees will not use their employer’s internal complaint process, they do not trust it, or they fear retaliation. We act as an independent, external intake point for complaints, whistleblower disclosures, and anonymous reports, triaging what comes in and advising the employer on what needs to happen next.
There are situations where an employer wants the investigation protected by solicitor-client privilege, typically when litigation is on the horizon. Privilege does not attach automatically just because the investigator is a lawyer, and there is real tension between maintaining privilege and meeting the OHSA’s disclosure requirements. We help employers navigate both.
When an investigation is flawed, procedurally unfair, biased, or unsupported by the evidence, the parties affected may have grounds to challenge the findings. We represent both employers and respondents in challenging investigation outcomes at the HRTO, OLRB, in civil litigation, and through labour arbitration.
Why Choose Greenwood Law for Workplace Investigations
The complete investigation practice
We conduct investigations, defend respondents, and advise employers, experience on every side of the process that no single-service firm can match.
AWI-CH certified investigator
Jessyca Greenwood holds the Certificate Holder designation from the Association of Workplace Investigators, reflecting advanced training in workplace investigation practice.
Courtroom-tested methodology
Our reports are written by lawyers who have appeared at all court levels and before the HRTO, OLRB, and in labour arbitration. We know how findings are challenged, because we have challenged and defended them.
Recognized expertise
Led by Jessyca Greenwood – Vice President of the Criminal Lawyers’ Association, Legal Member of the Ontario Review Board, and recognized among Canada’s Best Lawyers and Toronto Life’s Top Lawyers.
Frequently Asked Questions About Workplace Investigations in Ontario
When is an employer legally required to conduct a workplace investigation?
Under section 32.0.7 of the OHSA, Ontario employers must ensure that an investigation “appropriate in the circumstances” is conducted into incidents and complaints of workplace harassment, including virtual harassment. The duty is triggered by incidents as well as formal complaints. Beyond the OHSA, investigations may also be required under the Ontario Human Rights Code or to establish a factual basis for disciplinary action.
What is the difference between a workplace investigation and a workplace assessment?
An investigation asks “did this specific thing happen?” An assessment asks “what is going on here, and why?” Investigations are triggered by a complaint or incident. Assessments are triggered by patterns, recurring conflicts, turnover, low morale, where something is clearly off but there is no single triggering event.
Can an employer conduct a workplace investigation internally?
Yes, if the matter is straightforward and your internal team has the training to run a fair process. But if the complaint involves senior leadership, serious allegations, or real litigation risk, bring in someone independent. The OHSA standard is that the investigation must be “appropriate in the circumstances,” and what counts as appropriate scales with the seriousness of the complaint.
What rights does a respondent have during a workplace investigation?
A respondent is entitled to know what they are accused of in enough detail to respond meaningfully, and to be informed of the results in writing once the investigation concludes. There is no automatic right to have a lawyer in the interview room, though many investigators will allow it. Either way, getting legal advice for respondent before you sit down with the investigator makes a significant difference.
How long does a workplace investigation typically take?
Straightforward single-incident complaints may be resolved within two to four weeks. Complex multi-party investigations can take several weeks to several months. Regardless of complexity, the OHSA requires investigations to be conducted promptly.
Is a workplace investigation report privileged?
Not automatically. Whether privilege attaches depends on the purpose for which the investigator was retained, not simply on whether they are a lawyer. If retained solely for fact-finding, privilege is unlikely. If the lawyer was retained purely to find facts and write a report, privilege probably does not attach. If the dominant purpose was to obtain legal advice, the argument is stronger. That distinction needs to be sorted out before the investigation starts, not after. We help employers structure the engagement accordingly.
Workplace Investigation? Contact Greenwood Law
If your organization is facing a workplace complaint, needs an independent investigator, or requires legal guidance during an ongoing investigation, contact Greenwood Law for a confidential consultation. If you have been named as a respondent, we can help you understand your rights and prepare for the process ahead.
Our workplace investigation lawyers serve employers and professionals across Ontario and throughout Canada.
Areas We Serve
At Greenwood Law, we proudly serve clients across Ontario & throughout Canada, including:
