Workplace investigations are a necessary element of an employer’s obligation to protect its business from fraud and fulfill its statutory obligation to protect its employees from hazards, violence, harassment, and sexual harassment in the workplace. In Canada, workplace investigations are carefully scrutinized by the Courts. Where the employer intends to dismiss the employee for cause, a properly conducted workplace investigation is not only advisable, but may be necessary to demonstrate the employer’s good faith and that it has a legitimate basis for termination. Not only could a failure to investigate the relevant circumstances prior to dismissal result in damages for notice or pay, but it may, depending on the facts, result in enhanced bad faith damages being awarded against an employer. As such, it is vital that employers and employees obtain expert legal advice when they are embroiled in a workplace investigation.
Contact one of our experienced lawyers to discuss your workplace investigation needs today.