An Employer’s Duty to Conduct Workplace Investigations
It is well established that an employer owes its employees various duties and obligations. Most obviously, an employer must provide the employee with work and must provide them with pay for that work. Less obvious, perhaps, is an employer’s duty to provide a safe work environment. Tied to this duty, and maybe even less obvious, […]
The Scope of the Duty to Investigate
The Ontario courts have recently clarified the scope of an employer’s duty to investigate instances of workplace harassment, emphasizing that this obligation does not stop merely because a complaint hasn’t been made. In Metrolinx v Amalgamated Transit Union, Local 1587, 2024 ONSC 1900, the Divisional Court quashed an arbitrator’s decision reinstating five employees who had […]
Process and Procedure of Workplace Investigations
Typically, there are certain steps that should be followed during the course of a workplace investigation. This is to ensure that we perform an investigation that is consistent with an employer’s obligation to conduct an appropriate investigation in the circumstances. First, we will ensure that we receive a clear mandate from you at our first […]
