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.