Employers have the legal duty to investigate anytime there is a complaint of harassment, discrimination or other potential legal violation is received. The legal requirement for workplace investigations is specified under Bill 132. Workplace investigations must be conducted in high confidentiality as well as be impartial and unbiased. A Ministry of Labour inspector may also order for an employer to utilize a third party investigator, whereas someone qualified outside of the organization will complete a non-biased workplace investigation.
Conducting a workplace investigation
Workplace investigations should be conducted in a timely manner following receiving the complaint. First a plan should be made to approach the investigation, such as:
- Ensuring accurate documentation of findings
- Parties to be interviewed
- Which questions will be asked
- Whether or not interviews will be recorded
- Timeline of completion
- How confidentiality will be ensured
- How results will be communicated
Following the completion of the investigation, the results must be included with the final report that summarizes:
- The investigated complaint
- Specified dates
- Involved parties
- Key facts and findings
- Actions taken by the employer
- Any other important information or actions involved
Third party investigators
Whether a third party investigator for a workplace investigation is ordered by the Ministry of Labour or one is selected by the organization, criteria must be met by the third party. Third part investigators must be qualified and licensed to carry out an investigation. They must also follow the special insurance provisions specific to investigations in Ontario. Third party investigators are also used when the complaint being made is against the senior leaders or management of the organization.
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