What Employers Need to Know About Workplace Harassment Investigations in Ontario

Workplace harassment is one of the most challenging issues an employer can face. When a complaint is raised, the pressure to act quickly must be balanced with the need to act correctly. In Ontario, the Occupational Health and Safety Act (OHSA) places clear obligations on employers — and getting the process wrong can have serious legal and reputational consequences.

What Does Ontario Law Require?

Under the OHSA, every employer in Ontario must have a written workplace harassment policy and must investigate complaints of workplace harassment. This obligation applies whether the alleged harasser is a supervisor, co-worker, or even a third party such as a client or contractor. The investigation must be appropriate to the circumstances — meaning it must be timely, thorough, and impartial.

Failure to investigate, or conducting a flawed investigation, can expose an employer to human rights complaints, civil liability, and regulatory penalties from the Ministry of Labour.

When Should You Hire an Independent Investigator?

While some organizations conduct investigations internally, there are situations where retaining an independent, third-party investigator is strongly advisable:

• The complaint involves a senior leader, manager, or HR professional

• The internal team lacks the experience or training to conduct a defensible investigation

• There is a real or perceived conflict of interest within the organization

• The allegations are serious (e.g., sexual harassment, discrimination, abuse of authority)

• The organization anticipates the matter may proceed to litigation or a tribunal

An independent investigator brings neutrality, credibility, and documented methodology — all of which strengthen the defensibility of the final report.

What Does a Workplace Investigation Actually Involve?

A properly conducted workplace investigation typically includes the following steps:

Receiving and reviewing the complaint to understand the allegations and identify relevant parties. Notifying the respondent and providing them a fair opportunity to respond. Interviewing all relevant witnesses in a structured, confidential manner. Reviewing documentary evidence such as emails, policies, schedules, and records. Preparing a written report with findings of fact and conclusions based on the balance of probabilities.

Throughout the process, procedural fairness must be maintained. Both the complainant and respondent have the right to know the allegations against them and to respond.

What Happens After the Investigation?

Once the final report is delivered, it is up to the employer to decide on any corrective action. The investigator's role is to make findings — not to discipline. However, a well-written report will clearly support whatever decisions the employer makes.

It is important that the outcome is communicated appropriately to both parties, and that any remedial steps are documented.

Working With 10-8 Services

With over 30 years of law enforcement and professional standards experience, including service as an OPP Inspector in Professional Standards, 10-8 Services brings investigative rigor and organizational understanding to every engagement. All investigations are conducted with strict confidentiality and delivered in a format that is clear, defensible, and aligned with Ontario employment law.

If your organization is facing a harassment complaint and you are unsure how to proceed, contact 10-8 Services for a free, confidential consultation.