Workplace investigations respond to a variety of employee complaints or disciplinary matters and generally determine whether a workplace policy or legal obligation is violated.
When the need for a workplace investigation arises, employers should limit their liability by engaging a neutral third-party investigator. Many workplace investigations will be legislatively required where an employer’s duty to investigate has been triggered by an employee complaint. This duty requires employers to conduct a reasonable investigation and pursue complaints, especially where it is likely that discrimination, harassment or sexual harassment is occurring within the workplace.
How can Whitten & Lublin help?
By engaging an experienced employment lawyer early in the process for these complaints, we can evaluate the circumstances at hand and provide recommendations for legal and practical next steps, as well as assisting in managing the process to its conclusion.
While a third-party investigator will not always be required, employers should consider engaging an employment lawyer to ensure an impartial and professional investigation, especially where there are serious or inflammatory allegations. The use of an employment lawyer in investigations will also minimize liability if a complaint is escalated, and send a message that your business takes workplace complaints seriously.
The Canadian employment team at Whitten & Lublin are here to help employers limit liability and ensure compliance with provincial and federal requirements.
Ensure your rights are protected by consulting with Whitten & Lublin, Employment & Labour Lawyers with experience in Canada.