Workplace Investigations

At Dentons, we have a skilled team of trained lawyers who conduct impartial, experienced, practical and fair external workplace investigations.

Our workplace investigation specialists can also assist employers who are investigating workplace matters internally. When advising on internal investigations, our skilled legal team provides timely, thoughtful advice to ensure investigations are conducted in accordance with the law and best practices.

Whether your business has operations in one or multiple jurisdictions, human rights laws and occupational health and safety legislation requires employers to prevent harassment and discrimination, and investigate associated allegations. You may also use workplace investigations as an important tool to assess the validity of employee misconduct allegations and workplace concerns, as well as to support decision-making regarding corrective action and prevention.

As leading employment and labour counsel across Canada, Dentons has deep experience conducting workplace investigations, as well as providing skilled advice and representation across a broad range of industries, jurisdictions and situations. Our team of investigating lawyers combine practical investigative skills with legal knowledge and expertise.

Our Services

• External Workplace Investigations – When dealing with complex or sensitive issues, including high-risk matters that may face scrutiny by a court, regulatory body, tribunal, or in the media, our lawyers conduct tailored and thorough workplace investigations that are neutral, fact-based, timely, practical, discreet and appropriate for the unique circumstances giving rise to them. Benefitting from its national and global presence, Dentons can provide assistance wherever your workplace has operations, tailored to its unique needs.
• Investigative Support for Internal Investigations – From the planning stage of the investigation through to conducting the investigation (including notifying parties and witnesses, interview techniques, drafting interview questions, and investigation “dos and don’ts”), our advice is tailored and responsive to the overall objective of conducting workplace investigations that accord with best practices and addressing any concerns or complications that may arise during or following an investigation.
• Workplace Policy Audits – To help you asses the effectiveness and legality of your workplace policies and procedures, we can conduct strategic reviews of all manner of internal documents (including workplace harassment and discrimination, violence prevention policies, codes of conduct and investigation policies) to provide feedback and address any oversights. Our team also creates and assists with the implementation of new policies on an as-required basis, calling upon our robust precedent library to provide cost-effective services, while ensuring policies are appropriately tailored and reflective of the workplace at issue.
• Workplace Privacy Policy Audits – As privacy legislation in Canada continues to evolve, we will work with you to ensure that your policies and practices meet the required legislative obligations. If you have policies in place, we can work with your team to help ensure the personal employee information being collected is secure and protected. If not, we can help from start-to-finish, assisting with the design, drafting and implementation of privacy policies, including facilitating workshops and seminars to advance employee awareness and familiarity with these policies and practices.
• Workplace Investigation Training – To help you stay protected against the legal pitfalls and potential liability of an improper investigation, we would be pleased to invite your management and human resource professionals to a practical training course to guide your team through planning an effective investigation; conducting interviews of complainants, respondents and witnesses; weighing evidence and assessing credibility; and writing an investigation report. We provide customized training that addresses issues specific to the involved workplaces.
• Respectful Workplace Training – Employers have an obligation to provide employees with a safe, healthy, and respectful workplace, including instructions around the hazards of harassment, how to recognize it, what to do about it, and how to report it. Our respectful workplace training – either virtual or in-person – can help you clearly communicate to employees on harassment prevention, as well as additional training to people managers on how to respond to harassment in the workplace. Further, we can also provide workplace training materials, allowing you to conduct sessions for managers and employees.

Types of Complaints

The common types of complaints we investigate include:

• Workplace harassment and discrimination
• Sexual harassment
• Bullying and hostile work environment
• Breach of policies, including codes of conduct and ethics
• Breach of privacy
• Employee misconduct
• Conflicts of interest
• Whistleblower complaints
• Workplace violence and harassment complaints under occupational health and safety legislation
• Workplace violence and harassment complaints under the Canada Labour Code

Our Team

• Our national team has decades of combined experience in employment law, human rights and discrimination law, and workplace management and discipline, including:
  • Conducting and reviewing workplace investigations, involving workplace bullying and harassment, sexual harassment, discrimination, and employee misconduct;
  • Participating in provincial and federal human rights commission and tribunal investigations, mediations and hearings;
  • Participating in occupational health and safety complaints and hearings;
  • Litigating wrongful dismissals involving employee misconduct.

Insights

Employment and Labour Law: 2024 Year in Review and Future Trends

January 23, 2025

2024 was a pivotal year for employers and workplaces, defined by evolving legislation, significant court decisions and shifting workforce dynamics. From groundbreaking rulings on wrongful dismissal to critical updates in workplace health and safety requirements, employers navigated both opportunities and challenges in adapting to these changes.

Canadian Employment and Labour Year in Review and Future Trends Report

February 5, 2024

2023 experienced the arrival of generative AI, the continued evolution of hybrid workplaces and the increasing frequency of labour strikes, among other issues vying for the attention of Canadian employers.