Workplace Investigations
Workplace Investigation Services for Employers Ontario
Independent, Impartial Investigations That Protect Your Organization
A complaint has landed on your desk, harassment, misconduct, discrimination, a policy violation. Whatever the specifics, you now have a legal obligation to act. Under section 32.0.7 of the Occupational Health and Safety Act (OHSA), Ontario employers must ensure that an investigation “appropriate in the circumstances” is conducted into incidents and complaints of workplace harassment. The question is not whether to investigate, but how, and who should lead the process.
The Greenwood Law Team
Greenwood Law’s workplace investigation team brings over 15 years of combined expertise in conducting neutral, confidential investigations across diverse workplace environments and complex complaint scenarios.
Workplace Investigation Services for Employers
Greenwood Law conducts independent, impartial workplace investigations for employers across Ontario and throughout Canada. Our investigators are experienced employment lawyers who understand not only how to gather facts and assess credibility, but how those findings will be tested if the investigation is later challenged at the HRTO, the OLRB, in court, or in arbitration. That courtroom perspective is what separates a competent investigation from a truly defensible one.
When to Use an External Investigator
Not every complaint requires an external investigator, but many do. An external investigator should be considered when the complaint involves senior leadership or a board member, the allegations are serious (particularly sexual harassment, violence, or discrimination), the findings may need to support a termination for cause, there are concerns about internal neutrality, or multiple complaints suggest a systemic issue requiring independent assessment.
For less complex matters where internal teams have adequate training, Greenwood Law provides investigation advisory counsel, legal guidance on scope, process, and implications without the cost of a full external investigation.
Investigations in Regulated Industries
Employers in regulated professions face an additional layer of complexity when investigations intersect with professional regulatory obligations. A finding of misconduct may trigger reporting obligations to a regulatory body, and the investigation must be conducted with awareness of the parallel regulatory process. Greenwood Law has particular experience with investigations involving veterinary clinics, medical practices, dental offices, accounting firms, investment advisors, and insurance brokerages.
Hear From Our Clients
Workplace Investigation Services for Employers
We conduct prompt, defensible workplace investigations into harassment, discrimination, misconduct, and policy violations, protecting your organization while ensuring procedural fairness and OHSA compliance.
Table of Contents
Hear From Our Clients
Workplace Investigation Services for Employers
We conduct prompt, defensible workplace investigations into harassment, discrimination, misconduct, and policy violations, protecting your organization while ensuring procedural fairness and OHSA compliance.
What We Investigate
Workplace Harassment and Sexual Harassment
Harassment complaints trigger mandatory investigation obligations under the OHSA, including, following Bill 190, harassment occurring virtually through digital communication technologies. Sexual harassment complaints demand particular sensitivity and trauma-informed investigation techniques that account for how trauma affects memory and behaviour. We investigate both formal complaints and situations where no formal complaint has been filed but the employer has become aware of a potential incident.
Discrimination and Human Rights Complaints
When a complaint involves a protected ground under the Ontario Human Rights Code, the investigation must address the specific allegations and the broader workplace context. Discrimination is more commonly subtle and systemic than overt, and our investigators are trained to identify patterns that may not be visible in any single incident but emerge clearly when practices and culture are examined together.
Workplace Violence
Allegations of physical threats, intimidation, or conduct that could reasonably be perceived as threatening engage specific OHSA obligations and may involve criminal law considerations. These investigations require particular care around interim safety measures, evidence preservation, and coordination with law enforcement where appropriate.
Fraud, Misconduct, and Policy Violations
Workplace fraud, theft, breach of fiduciary duty, and serious policy breaches present a different investigative challenge than harassment or discrimination complaints. The evidentiary focus shifts toward document trails, financial records, and digital forensics, and the investigation needs to be conducted with an awareness that criminal proceedings may run in parallel. If you are building toward a termination for just cause, the investigation is the foundation your case will stand or fall on.
Whistleblower Complaints
When employees raise concerns about regulatory non-compliance, safety violations, or unethical conduct, the employer must protect the complainant from reprisal while addressing the substance of the disclosure. We provide both complaint intake and whistleblower services and investigation of the underlying allegations.
Why Employers Choose Greenwood Law
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 reports
Written by lawyers who have appeared at all court levels and before the HRTO, OLRB, and in labour arbitration. We know how reports are challenged, because we have both challenged and defended them.
The complete investigation practice
Greenwood Law conducts investigations, defends respondents, and advises employers, experience on every side of the process that sharpens our fact-finding and strengthens our reports.
Trauma-informed methodology
We account for how trauma affects memory, behaviour, and participation, strengthening both fairness and defensibility.
Our Investigation Process
Initial Assessment and Planning
The first and most important decision is determining the appropriate scope and approach. An under-scoped investigation may miss critical issues; an over-scoped one creates unnecessary disruption. We begin with a threshold assessment to evaluate the complaint, identify legal obligations, determine whether a formal investigation is warranted, and advise on interim measures to protect the parties.
Where the employer will benefit from ongoing legal guidance while a separate investigator conducts the fact-finding, we can serve as investigation advisory counsel.
Evidence Collection
We gather evidence through witness interviews, documentary review, and digital evidence analysis. Our interviews are structured and confidential, using techniques designed to elicit reliable information. Our credibility assessment methodology evaluates plausibility, corroboration, consistency, and motive, not demeanour alone, which decades of research and the Association of Workplace Investigators have identified as an unreliable indicator of truthfulness.
Documentary evidence includes policies, contracts, emails, texts, social media content, personnel files, and any other records relevant to the allegations. Where conduct occurred through digital channels, increasingly common following the OHSA amendments recognizing virtual harassment, we navigate the privacy considerations that arise with personal devices and encrypted platforms.
Analysis and Findings
We apply the civil standard of proof, the balance of probabilities, and our analysis considers all the credibility factors that experienced investigators rely on. A “he said, she said” scenario is not a dead end. It is our job to weigh competing accounts and reach a reasoned conclusion, and our reports explain that reasoning transparently. Where an investigation reveals broader cultural or systemic issues beyond the individual complaint, we bring those observations forward.
Reporting
Our reports are written for multiple audiences, the employer’s decision-makers, legal counsel who may need to defend those decisions, and the tribunal or court that may review the investigation’s adequacy. Every report includes the mandate and scope, methodology, evidence summary, credibility analysis, findings on each allegation, and recommendations where instructed. We write reports that explain “why” rather than simply summarizing “what”.
Post-Investigation Support
Our engagement does not end with report delivery. The OHSA requires employers to inform both parties in writing of the investigation results and any corrective action taken or planned, and that disclosure must be specific. We advise on what must be communicated after the investigation, how to implement recommendations, and how to manage workplace dynamics. Where the workplace needs rebuilding, we also provide workplace restoration services.
Frequently Asked Questions About Workplace Investigation for Employers
What should an employer do when they receive a workplace harassment complaint?
Ensure an investigation “appropriate in the circumstances” is conducted promptly. This obligation applies to formal complaints and incidents that come to the employer’s attention through any channel. Consider whether interim measures are needed to protect the parties during the investigation, and seek legal advice on scope and process before commencing.
How much does a workplace investigation cost?
Costs vary based on complexity, number of witnesses, and volume of evidence. We provide estimates after the initial assessment. In our experience, the cost of a properly conducted investigation is substantially less than defending a wrongful dismissal claim or HRTO application arising from a failure to investigate, or from an inadequate one.
Can an employer discipline an employee based on investigation findings?
Yes, provided the investigation was conducted fairly and the findings support the proposed discipline. The adequacy of the investigation will be scrutinized if the discipline is challenged through litigation, a human rights application, or a grievance. Employers terminating for just cause based on investigation findings must demonstrate the investigation was prompt, thorough, impartial, and conducted in good faith.
Should we handle the investigation internally or bring in an external investigator?
It depends on the situation. If the complaint is relatively straightforward and your HR team has the training to run a fair process, an internal investigation may be fine. But if the allegations are serious, sexual harassment, violence, discrimination, or if they involve someone in a leadership role, an external investigator is almost always the better call. The neutrality question alone can be decisive: if there is any reasonable basis to question the impartiality of an internal investigator, the entire process is vulnerable to challenge. An external investigator also opens the door to solicitor-client privilege protection, which is worth discussing with counsel before the investigation begins.
What if the investigation doesn't substantiate the complaint?
An unsubstantiated finding is not the same as a false complaint, and employers need to be careful about how they respond. You still have an obligation under the OHSA to communicate the results to both parties in writing. Beyond that, it is worth asking whether the complaint, even if not substantiated, is telling you something useful. We regularly see situations where the specific allegations are not made out, but the complaint points to real issues, unclear expectations, poor communication, management blind spots, that are worth addressing through workplace assessments or training before they generate a complaint that does stick.
What do we need to do after the investigation is finished?
You are required under the OHSA to tell both the complainant and the respondent, in writing, what the investigation found and what corrective action you are taking. That obligation has more teeth than many employers realize, a vague letter saying the complaint was “addressed” is not going to cut it. You need to identify the specific findings and the specific steps being taken. That said, you are not required to disclose the exact discipline imposed on any individual, which is a question we get asked constantly. Getting the closure communication right is one of the areas where employers most benefit from legal guidance, and it is something we routinely advise on.
Facing a Workplace Complaint?
When a workplace complaint arrives, time matters. The OHSA requires prompt investigation, and delays create both legal risk and practical problems, witnesses’ memories fade, tensions escalate, and evidence can be lost.
Contact Greenwood Law as soon as a complaint is received or an incident comes to your attention. Our workplace investigation lawyers serve employers across Ontario and throughout Canada.
Areas We Serve
At Greenwood Law, we proudly serve clients across Ontario & throughout Canada, including:
