Workplace Investigations
If you are the subject of a workplace investigation, our lawyers ensure your rights are protected, the process is fair, and the outcome does not unjustly damage your career.
Book My 15-Minute Assessment →If you are the subject of a workplace investigation, our lawyers ensure your rights are protected, the process is fair, and the outcome does not unjustly damage your career.
Book My 15-Minute Assessment →A flawed workplace investigation can lead to wrongful termination, reputational harm, and loss of entitlements. Legal representation during the process is essential.
While there is no absolute statutory right to legal counsel during an internal workplace investigation, you have the right to seek legal advice at any time and many employers permit legal counsel to attend investigative interviews in an advisory capacity. If you are a unionized employee, you have the right to union representation under your collective agreement. Retaining a lawyer before participating in an investigation is strongly recommended.
Tell us briefly what is going on. A lawyer reviews every enquiry and replies within 24 hours on business days.
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When you are the subject of a workplace investigation, you have rights that your employer is obligated to respect. Although the specific procedural requirements depend on the nature of the complaint and the applicable legislative framework, the principles of procedural fairness require, at minimum, that you receive adequate notice of the allegations against you, an opportunity to respond fully, and that the investigation is conducted by an impartial and competent person.
Under the OHSA, employers are required to ensure that workplace harassment investigations are appropriate in the circumstances. The Ministry of Labour’s Code of Practice on workplace harassment investigations provides guidance on what constitutes an appropriate investigation, including the requirement for impartiality, thoroughness, and timely completion. Investigations that fall short of these standards may be challenged through Ministry of Labour complaints or in subsequent litigation.
At Lexaltico LLP, our employment lawyers represent employees at every stage of the investigation process: from the initial notification to the final report, to ensure that the process is fair, your version of events is properly documented, and you are protected from unjust outcomes.
How you respond to a workplace investigation can significantly affect the outcome and your future employment. Many employees make the mistake of participating in investigative interviews without legal advice, making admissions or providing incomplete accounts that are later used against them. Our lawyers prepare you for the investigation process, advise on what information to provide, and attend investigation interviews where permitted to ensure your interests are protected.
Where we identify procedural deficiencies, such as a biased investigator, failure to disclose the specific allegations, denial of the right to respond to evidence, or an unreasonably compressed timeline. We raise these issues with the employer and the investigator to demand corrective action. In Piresferreira v. Ayotte, 2010 ONCA 384, the Ontario Court of Appeal recognized that an employer’s conduct during an investigation, including bad faith or reckless disregard for the employee’s interests, can give rise to aggravated damages.
If the investigation results in discipline or termination that we consider unjustified, we pursue remedies including wrongful dismissal damages, human rights remedies, and, in appropriate cases, claims for damage to reputation.
If a workplace investigation results in termination for cause, the employer bears a heavy legal burden. Under McKinley v. BC Tel, 2001 SCC 38, the Supreme Court of Canada established a contextual approach to just cause, requiring the employer to demonstrate not only that the misconduct occurred but that it was sufficiently serious to justify dismissal in light of all the circumstances, including the nature of the misconduct, the employee’s tenure, and any mitigating factors.
Many workplace investigations conclude with findings that do not meet the legal threshold for just cause. In such cases, the employer’s decision to terminate amounts to a termination without cause, entitling the employee to reasonable notice or pay in lieu. We regularly challenge for-cause terminations that are based on flawed investigations, insufficient evidence, or misconduct that does not, in context, warrant the ultimate sanction of dismissal.
Our team also addresses situations where an employee is suspended pending investigation without pay or with reduced duties. Depending on the circumstances, an unpaid suspension may constitute constructive dismissal, and we advise on whether to challenge the suspension or await the investigation outcome.
Facing a workplace investigation as a senior employee sets out what to ask for before the interview, which shapes both the fairness of the process and any later challenge to its findings.
Our lawyers offer a 15-minute initial assessment for most matters. Call, email, or book online. Do not sign anything before speaking with us.
55 University Ave, Suite 1100
Toronto, ON M5J 2H7
2 Sheppard Ave East, Suite 303, Toronto, ON M2N 5Y7
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Evenings & weekends by appointment
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A lawyer replies within 24 hours on business days. Urgent? Call +1 416 333 6200, answered 24/7. Submitting this form does not create a solicitor-client relationship.
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Lexaltico LLP
How Lexaltico LLP handles personal information, under PIPEDA and Ontario law.
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The difference is practical rather than technical. A page explaining that spousal support is usually indefinite after a twenty year marriage is accurate as a general statement and may be wrong about you, because of a domestic contract you signed, a period of separation you have forgotten, or an income that is not what a tax return says it is.
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