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300-AQY-01-IGDO © 2019, Workplace Safety & Prevention Services (WSPS)
1 877 494 WSPS (9777) | 905 614 1400 | wsps.ca
WORKPLACE HARASSMENT INVESTIGATIONS SMALL BUSINESS
TOOL – TIPS FOR EMPLOYERS
Here are some tips to help you with your workplace harassment complaint investigation process.
Appropriately investigating incidents of workplace harassment reflects an employer's commitment to
providing a workplace free of harassment and contributes to a safe and healthy workplace.
Notice: The information in this document is offered as a courtesy and is not legal advice. Employers
remain fully responsible for ensuring compliance with the Occupational Health and Safety Act.
What Does an Investigation "Appropriate in the Circumstances" Look Like?
The Occupational Health and Safety Act (OHSA) gives employers the flexibility to conduct an
investigation that is "appropriate in the circumstances." In other words, the employer always has
to conduct an investigation but you have the flexibility to make the scale of the investigation be in
proportion to the nature and severity of the incident/complaint.
An appropriate investigation would be:
– Timely – the investigation has to be done in a manner that demonstrates the importance of the
issue, respectful of the parties involved and reflects the need to access information while it is
fresh in people's minds.
– Thorough, objective and evidence-based – address all relevant issues, interview relevant parties
and witnesses, be commensurate to the nature and severity of the incident/complaint.
– Conducted by someone who has the knowledge, skills and experience to conduct
an investigation.
– Documented – keep records of meetings, interviews, documents or evidence gathered during
the investigation, as well as any reports, summaries or recommendations.
You Need Someone to Do an Investigation – What to Look For
First and foremost, you need someone who is discreet, fair, objective, and who does not have
a conflict of interest relating to any of the parties. If you select someone from within your
organization, pay close attention to knowledge, skills, experience, and relationships (e.g. reporting
lines, and both peer and personal relationships).
You are NOT required to hire someone with legal training, or a professional investigator. You have
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