Workplace investigations are a necessary element of an employer’s obligation to protect its business from fraud and fulfill its statutory obligation to protect its employees from hazards, violence, harassment, and sexual harassment in the workplace. For employees, investigations are fundamental to ensuring complaints are addressed fairly.
In Canada, workplace investigations are carefully scrutinized by the Courts. Where an employer intends to dismiss the employee for cause, a properly conducted workplace investigation is not only advisable, but may be necessary to demonstrate the employer’s good faith and that it has a legitimate basis for termination. Not only could a failure to investigate the relevant circumstances prior to dismissal result in damages for notice or pay, but it may, depending on the facts, result in enhanced bad faith damages being awarded against an employer.
Workplace investigations also impact employees as there can be significant consequences such as reputation, career, and future employment opportunities. Thus, understanding your rights during the investigation is crucial to your right to have a fair investigation.
Whether you are employer investigating a complaint or an employee involved in an investigation, Wray James LLP is here to support you with experienced and trusted lawyers. The lawyers at Wray James LLP are known for delivering effective legal solutions that align with our clients’ goals.