Workplace Investigations

Expert Workplace Investigation Lawyers

A Walter Law Group workplace investigator will provide clear and balanced guidance to companies while maintaining procedural fairness.

Through decades of experience working with individuals, business owners of small to medium-sized business, and large corporations, we understand that a fair and thorough investigation by an impartial investigator to address complaints can help keep operations moving forward while creating a safe workplace and a thriving work community.

We know it is essential to protect the integrity of the professional and personal relationship you have with the people within your organization. That is why you need an employment lawyer with the experience and excellence to investigate complaints in circumstances that can be highly nuanced and complex.

What Is a Workplace Investigation?

A workplace investigation, triggered by a complaint by an employee concerning behavior of other employees, is a fact-finding process to determine what occurred.

Each investigation plan is as unique as the situation in question and no two are alike. The best investigators work to answer what has been asked and follow some fundamental steps. But each case has some complexity depending on what is required.

Some of the usual steps involved are determining what is required of the investigation and who will conduct it. Examining the communication between the involved parties can be key when gathering facts through a workplace investigation. Interview sessions to gather witness statements is another important step.

The Types of Workplace Investigations

Investigations can be conducted to examine allegations of employee misconduct, a human rights violation or an infraction of workplace policies.

Legal counsel will work with human resources (HR) departments or others to determine what is needed and how best to approach the issue.

Some examples of the types of allegations that could trigger a workplace investigation are discrimination, harassment, sexual harassment, workplace violence, bullying including cyberbullying, a poisoned work environment and many more.

Each situation is different and it is critical to get specialized help to navigate through the process to develop a workplace investigation report that addresses the concerns of all employees involved.

Why Workplace Investigations are Important

Workplace Investigations can be times of great challenges for organizations but they are a legal requirement and sustain healthy work environments and teams. Getting to the root of an employee complaint can be difficult but necessary, which is why conducting a timely investigation in a reasonable manner is in an employer’s best interest.

Understanding the issues at hand helps the employer to determine what occurred, protects employee rights and provides a fact-based foundation upon which they can make decisions and move forward.

Fair and thorough investigations involving the relevant parties also help companies sustain healthy and safe work environments for all employees, increasing productivity and retention rates and minimizing the company’s legal exposure.

Responsible companies are mindful of employment standards and are increasingly conducting investigations when necessary, working to sustain healthy work environments and reputational strength.

Internal vs. External Investigations

Determining who conducts a probe is one of the most important pieces of the workplace investigation process. An internal workplace investigation is carried out by someone within the company, such as the HR department or another appropriate and trained employee or group.

External investigations are conducted by an entity with no prior connection to the company. These investigators should be experienced and specifically trained, possessing a thorough understanding of the complexities and serious considerations of these situations. Investigators should have specific investigations experience and training in legal proceedings, the Employment Standards Act and the Occupational Health and Safety Act. This could include law firms with trained investigators and lawyers such as Walter Law Group or other third-party investigation specialists.

There are advantages and disadvantages of each approach, specific to the unique circumstances of each situation. However, it is essential to select a highly trained and specialized team at the outset to ensure that sensitive matters are dealt appropriately, fairly and with the least amount of workplace disruption and personal impact.

The Ontario Ministry of Labour’s Code of Practice for workplace harassment provides that investigations must be objective and conducted by someone with the requisite knowledge that is appropriate in the circumstances.

Investigations by the Ministry of Labour

In many cases, the obligation of an employer to conduct workplace investigations is not just the responsible thing to do but more importantly, in certain circumstances, it is a legal requirement.

For example, in the case of workplace violence and harassment, the failure of the employer to start an appropriate investigation could lead to a Ministry of Labour investigation under Ontario’s Occupational Health and Safety Act.

Investigation Process

Without a doubt, workplace investigations can be stressful for all parties involved.

The Walter Law Group team has an in-depth understanding effective investigations, procedures and considerations is crucial and we know that each one is as unique as the people involved.

There are some fundamental steps involved but the most important is understanding what is required and how best to facilitate the process so it is done in a way that is thorough, strictly confidential and fair. As trusted legal experts, we are aware of the importance of a workplace investigation being conducted with experience and expertise.

How Walter Law Group Can Help with Workplace Investigations

As lawyers and trained workplace investigators, we are here to help when issues arise. Companies, business owners and leadership trust us to help them through challenging times.

Often our most valued service is being available and approachable to business owners and leadership when they need us most.

We start by listening to understand what is happening. We then begin to gather information and answer questions about the process before making suggestions about where to start.

We know investigations can be extremely challenging and the impacts to the organization are complex. We also understand it is vital to maintain confidentiality when we conduct the investigation and to ensure our work is done in a timely manner. This is not only important for the integrity of the investigation but is critical for the health of the business and its people.

Candid Advice You Can Trust

As business owners ourselves we know what it is like to manage the day-to-day operations of running a business while dealing with complex issues.

We are candid in our advice and serious in our approach. Contact us today and find out how we can assist you.