Frequently Asked Questions

1.  Specialized training is required. Formal workplace investigations are complex and require special training to be conducted appropriately and defensibly. 

Workplace investigators are tasked with extracting all relevant information from witnesses, weighing all evidence appropriately, assessing witness credibility, applying applicable policies or statutes to facts, and creating a very detailed, legally defensible report which explains all of the above and demonstrates that the investigation process was fair.

Most HR professionals - even those who have received some form of workplace investigation training - will encounter difficulty with the judicious exercise of weighing evidence and applying facts to law in writing. This is why lawyers and former lawyers (specifically those with labour and employment law backgrounds) are often sought to serve as third party investigators. Many HR professionals also encounter difficulty in fully understanding and implementing the multi-faceted requirements of procedural fairness in an investigation. Click here to learn more about the importance of procedural fairness and our procedural fairness warranty.

2.  Errors are costly. Failure to conduct an appropriate investigation can impose significant consequences. In addition to any fines or penalties that may be issued pursuant to occupational health and safety legislation (please see the following question for further discussion of this subject), a botched investigation may result in an order from a judge or arbitrator invalidating subsequent disciplinary action that has been taken by the employer. An employee who is terminated or suspended on the basis of an improperly conducted investigation may be entitled to a significant sum of damages - or even entitled to reinstatement in unionized workplaces.

3.  Improved employee relations and morale. It is common for employees to express sincere feelings of relief to investigators that their employer is taking the matter seriously and hiring an external expert. There can be an impression amongst employees and decision-makers that matters are more easily "swept under the rug" when handled internally. Additionally, the known involvement of a third-party investigator in reported incidents can provide a helpful chilling effect against repeated problematic behaviour from other employees in the workplace. 

4.  Improved brand relations and reputation. Serious complaints can quickly generate bad press, and hiring a neutral expert is an excellent measure for restoring public faith that the company is taking appropriate measures to investigate and address the issue.

5.  Peace of mind. Take comfort in knowing that we guarantee our investigation process to be procedurally fair.

Provincial and territorial governments all across Canada have imposed legislated requirements upon employers to implement a workplace harassment policy and to fairly investigate complaints made pursuant to that policy. 

Specific requirements and penalties vary by region, but are typically contained within provincial occupational health and safety legislation and regulation. 

Generally speaking, electing to ignore or improperly investigate a harassment complaint constitutes a significant OHSA violation and carries a significant maximum penalty. For example, Part IX of Ontario's Occupational Health and Safety Act offers the following maximum penalties for contravening or failing to comply with its violence and harassment requirements, including failure to investigate:

• Corporations face a maximum penalty of up to $2,000,000.00 per incident, and
• Corporate directors and officers face a maximum penalty of up to $1,500,000.00 and up to 12 months imprisonment per incident. 

Additionally, taking disciplinary action against an employee on the basis of a harassment complaint without first properly investigating could result in significant damages for wrongful dismissal and/or reputational harm. If you are considering foregoing an investigation, we strongly encourage you to check with an employment lawyer in your jurisdiction for a personalized assessment of these penalties, damages, and risks.

Yes, our remote workplace investigation services are offered Canada-wide. Although rarely necessary, in-person investigation services are also available throughout Canada upon request, subject to negotiated travel expenses. We do not offer services internationally.

Our investigation experience is well-rounded across several industries and environments, including but not limited to:

• Academic environments
• General office environments
• Blue collar working environments
• Health care environments
• Emergency/first responder environments
• Not-for-profit organizations
• Board disputes
• Labour unions

Our simple and transparent approach to pricing can be found here.

The short (but often frustrating) answer is: it depends. We make every effort to work as expeditiously as circumstances permit and regularly supply our clients with investigation progress updates at no added billable cost.

The time required to conduct a workplace investigation can vary significantly depending upon the following factors, most of which are outside of the investigator's direct control and are not wholly known until the investigation is under way:

• Complexity and nature of the incident(s)
• Number of incidents being investigated 
• Number of witnesses identified and interviewed
• Extent to which the parties and witnesses agree with each other
• Availability and timely participation of participants
• Amount and complexity of evidence received
• Policy provisions which may mandate timelines or impose additional steps in the investigation process

We are able to provide a rough estimate after we have reviewed the applicable workplace policy, complaint documentation (I.E., the written complaint and written response, if any) and conducted initial meetings with the parties. These estimations are naturally subject to change based on how the complexity of investigation unfolds.

Timely completion is a very important priority. HRinvestigator.ca does not bill for any time spent discussing investigation progress with clients, and our clients are welcome to reach out to us for an update at any time.

Investigative procedures vary depending on what is required by the workplace policy, but an overview of our general investigative process can be found here, toward the bottom of the page.

Yes. It is not unusual for an investigation committee to appoint an external expert as chair.

The specifics of the appointment will vary based upon the terms of the policy - but we are able to guide the panel through the investigation from beginning to end while grounding the process in procedural fairness.

Where necessary, we may be able to take over an on-going investigation. Whether this is possible without a significant impact to procedural fairness must be determined on a case-by-case basis. Please note that a take-over will likely require that the investigation be restarted from scratch. 

HRinvestigator.ca does not currently offer workplace investigation training or advice. We encourage any employer seeking such advice to contact an employment lawyer in their jurisdiction.

We are exclusively hired by employers. We understand your desire to have your concerns investigated by a neutral third party - but that decision is ultimately made by your employer who must authorize us to conduct an investigation in their workplace. 

If you feel that a workplace investigation is warranted, please contact your employer to report your concerns and inquire about their investigation procedures. You are welcome to suggest our impartial investigation services to your employer at the time of your complaint.