Under the common law, and specifically under Sections 25(2)(h) and 32.0.5 of the Occupational Health and Safety Act (Ontario), every employer has a duty to conduct a workplace investigation after an incident of workplace violence has allegedly occurred. In other words, if an employer gets a complaint about violence at work, or if the employer witnesses violence at work, it must conduct an investigation.
In partnership with Stringer LLP, First Reference Inc. recently hosted the 19th Annual Employment Law Conference on June 12, 2018, where we discussed the latest legal developments including issues surrounding workplace harassment.
We received a large number of questions from conference attendees during the Q&A session. Though we could not answer them all during the conference, the First Reference Blog will be updated weekly to provide further clarity on this year’s hot topics based on the questions we received.
Employee voluntarily resigned and then advised of harassing behaviours and that this was the reason for resignation. Should company still conduct investigation?
Under section 32.0.7 (1)(a) the Ontario Occupational Health and Safety Act, requires an employer to conduct an investigation into incidents and complaints of workplace harassment including sexual harassment that is … Continue reading “Q&A: When is an employer’s duty to investigate workplace harassment triggered?”
There may be times when it makes sense to try and establish a solicitor-client relationship with an external investigator, and these tips will help you do this effectively. However, in other cases where this is not what you require, recognize that the process your investigator follows may be open to scrutiny.