WORKPLACE INVESTIGATIONS

why do i hear so much about
Workplace Investigations?

Have you attended a seminar or talk about trends in workplace laws recently?  If so, workplace investigations was sure to be one of the hot topics.  What is driving this?

Changes to the Occupational Health and Safety Act as recently as 2016 have placed increased burden on the employer to investigate incidences of Workplace Violence and Harassment.  In August 2016, the Ministry of Labour published its “Code of Practice to Address Workplace Harassment under Ontario’s Occupational Health and Safety Act.”

Employers are now required to investigate an incident of workplace harassment when they become aware of it.  The Employee does not have to make a complaint for this requirement to come into effect.  

CoAct Workplace Investigations

Our HR Staff can do the workplace investigations!

Many investigations will be done by your HR team.  The decision to do investigations in-house will be dependant on the seriousness of the infraction or allegation and the ability of your team to do the investigation. 

 

Your staff may be more open and confiding to HR personnel they already have a relationship with, however they may also have greater concerns about objectivity and confidentiality.  HR staff must be properly trained if this will be one of their functions for discipline and issues which may later result in court cases.  

 

Learn more about CoAct.

 

 

When To Use An External Investigator
For Workplace Investigations

  1. Not a suitable investigation for your HR department.  This may be because your HR department is small or allegations include HR staff or senior management.  Staff may be concerned about impartiality or the appearance of impartiality. 
  2. Time is of the essence in workplace investigations.  You may not have the internal resources to respond in a timely fashion.
  3. Guard against complaints of procedural unfairness.  Ministry of Labour inspectors can order another investigation at the employer’s expense if they do not feel the original investigation had been conducted properly.  If the issue results in a court case, an improperly conducted investigation will negatively impact the outcome.
  4. Re-establish Morale.  Serious allegations of misconduct cause morale issues in the workplace.  This can be mitigated when the employer is seen to take quick and appropriate action such as hiring an external investigator.

Call today for a free consultation

CoAct - working together to resolve issues of harassment, violence and other issues resulting in toxic workplaces.

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