Workplace Investigations

An employer may request an investigation for a variety of reasons – because of workplace conflict that has gone unresolved, because a grievance has been filed or because a formal complaint of harassment or workplace violence has been made. Alternatively, a manager may recognize that there is a potential for harassment or violence in the workplace and, as a manager who is responsible for maintaining a respectful work environment, he or she may initiate an investigation as a pro-active measure. Investigations may involve situations where there are allegations or concerns about:

  • Conflict between individuals
  • Workplace Violence
  • Abuse of authority
  • Bullying
  • Sexual or racial harassment
  • Personal harassment
  • Harassment or Workplace Violence under the Canada Labour Code (federal)
  • Harassment based on other protected grounds under human rights legislation
  • Personal harassment

TLS Associates will first review current policies and procedures to ensure that the investigation addresses existing organizational policies. In allegations of workplace violence, organizational policies and the relevant labour legislation would be the basis for the investigation.

An investigation usually involves two or more individuals – a complainant(s) and a respondent(s). The complainant(s) and respondent(s) will be interviewed, as well as relevant witnesses. Related documents are researched and reviewed. As a final step, the parties to a complaint may be re-interviewed to provide them with an opportunity to respond to any new information which have arisen during the investigation.

TLS Associates will analyze the information gathered, using a number of factors such as the preponderance of evidence, credibility of parties and witnesses, reasonable person and reasonable victim, etc. A conclusion will be reached based on the “balance of probabilities”.

A report is prepared outlining the facts, the analysis of the facts and the conclusions. In all cases, TLS ensures confidentiality and procedural fairness for the parties to a complaint. Under the Canada Labour Code, there will also be recommendations for a safer, healthier workplace.