Workplace Investigations & Harassment
Workplace complaints involving harassment, violence, discrimination or serious misconduct
require careful investigation. The quality, independence and fairness of that process may
materially affect liability, disciplinary decisions and the eventual resolution of the dispute.
The materials below examine the employer’s duty to investigate, procedural fairness and
investigator independence, sexual-harassment claims, emerging harassment remedies and the
damages that may follow from a deficient investigative response.
The Duty to Investigate
The Employer’s Duty to Investigate
A broad review of the employer’s obligation to investigate workplace harassment and
misconduct. The article considers human rights obligations, statutory investigation
requirements and the need for a proper investigation before serious disciplinary
action is taken.
Summary of Damage Awards for Failure to Investigate – August 2025
A practical table summarizing damage awards arising from an employer’s failure to
investigate workplace complaints properly, providing a useful reference for assessing
the potential consequences of a deficient investigative response.
Fairness, Independence & the Investigator
Duty of Fairness in Investigations – Canadian Juniors Alleged Sexual Assault
A review of the investigation conducted for Hockey Canada and the court’s treatment of
statements compelled from players during that process. The article considers disclosure,
confidentiality, coercion and procedural fairness, and the possible implications for
workplace investigations generally.
Solicitor Client Retainer & The Investigation
An examination of whether an investigator retained in a solicitor-client relationship
with the employer can satisfy the requirement of an impartial and independent workplace
investigation. The article reviews the relationship between solicitor duties, workplace
policies, occupational health and safety legislation and human rights standards.
Harassment & Sexual Harassment Claims
Suing for Workplace Sexual Harassment – or Human Rights?
A comparison of the remedial routes available for workplace sexual harassment,
including the human rights process and civil litigation. The article considers
accessibility, costs, punitive damages and the strategic consequences of choosing
one forum over another.
Tort of Harassment
A review of the developing Canadian law concerning a possible independent tort of
harassment. The article traces Ontario and Alberta decisions dealing with internet
harassment, emotional harm and the recognition of harassment as an actionable civil wrong.
Canadian Junior Hockey Fiasco
A review of the civil proceedings arising from allegations against members of the
Canadian junior hockey team, including anonymity, settlement, sexual-assault allegations
and the broader legal issues raised by the case.
Workplace Monitoring & Privacy
Big Brother Watching
A review of employee monitoring through company computers and workplace tracking
software. The article considers statutory privacy protections, common-law principles,
arbitral decisions and the use of Charter values in assessing electronic surveillance
in the workplace.