What a workplace investigation involves, from the employee side
A workplace investigation is a fact-finding process into a complaint at work, usually about harassment, discrimination, or misconduct. An investigator gathers documents, interviews the people involved, and reports findings to the employer, who decides what happens next. If you made the complaint, are named in one, or saw something, you'll probably be interviewed.
What is it like to be pulled into one?
Stressful, whichever side you're on. If you made a complaint, you may worry that nobody will believe you, or that raising it will cost you. If you were named, you may feel blindsided, and you may be tempted to defend yourself to everyone you work with. If you're a witness, you may just want to stay out of it.
All three reactions are normal. They're also why it helps to understand how the process works before you walk into the room.
Why do employers run investigations?
In Ontario, employers have duties under the Occupational Health and Safety Act to deal with workplace harassment and violence. That includes investigating complaints and incidents in a way that's appropriate for the situation. Investigations also follow discrimination complaints, allegations of misconduct, and concerns about policy breaches.
A good investigation isn't a trial and it isn't a performance. It's an attempt to establish what more likely than not happened, so the employer can act on facts instead of rumours.
How does it unfold?
It usually starts with a complaint, and the employer decides whether an investigation is needed. An investigator is chosen, who may be someone inside the organization or an outside investigator, often a lawyer. The person named is told about the allegations in enough detail to respond.
Then come the interviews: the person who complained, the person named, and any witnesses. The investigator reviews documents like emails, messages, and policies, and makes findings based on the evidence. A report goes to the employer, who decides on any action. Under the Occupational Health and Safety Act, the person who complained and the person named are generally told the results and any corrective action in writing.
What actually happens in the interview?
The investigator asks about specific events: what happened, when, who was there, and what documents exist. Expect to be asked for dates and details. It's fine to say you don't remember something. It's not fine to guess, because a guess that turns out wrong can damage your credibility on everything else.
You may be asked to review a summary of your statement afterward. Ask whether that's part of the process.
What are your rights?
The details depend on your workplace, your contract, and whether you're in a union. In general, you should know what's alleged in enough detail to respond, and you should get a fair chance to give your side. Your employer should keep the process as confidential as practicable. You're protected from reprisal for making a complaint or taking part in good faith.
If you're in a union, you may have a right to a representative. If you aren't, ask whether you can bring a support person. The answer may be no, but asking costs nothing.
How should you prepare?
Write out a timeline with dates, places, and names. Gather any documents you're allowed to have, and ask for a copy of the workplace policy that applies. Stick to what you saw or heard yourself. Don't discuss your interview with witnesses or coworkers, and don't retaliate against anyone involved, whatever the process feels like.
Can an investigation lead to discipline or termination?
Yes. After the report, an employer can issue discipline, change reporting lines, require training, or end employment. If the result is a termination, the usual questions apply: was there just cause, was the process fair, and what are you owed? That's where a wrongful dismissal review can matter.
You may also want to understand [LINK to Post 8, What counts as discrimination at work: what counts as discrimination at work], since many investigations begin with a complaint that raises it.
Where does Infinity Legal fit in?
Infinity Legal conducts workplace investigations as an independent investigator. An independent investigator doesn't take sides, so we can't also advise someone involved in the same matter. If you need advice about your own situation, that's a separate conversation, with a different matter.
If you've been pulled into a process and want to understand your options, or your workplace needs an independent investigator, tell us what happened.
This post is general information for Ontario workplaces. It isn't legal advice about your situation.
