Workplace harassment, discrimination, and bullying are more prevalent in Canadian workplaces than many might think.
In recent data from Statistics Canada, 31% of men and 47% of women reported experiencing some form of harassment or sexual assault at work. This alarming statistic highlights the importance of proactive measures to address such issues. Moreover, employees are increasingly taking legal action against employers who fail to provide a safe and inclusive work environment.
For HR professionals, the stakes are high—and so are the costs of inaction.
Awards for workplace harassment
are trending up
In the past damages received for workplace harassment and discrimination in Canada tended to fall between $500 to $15,000, while occasionally going as high as $40,000. However, recent legal cases reflect a trend toward more substantial compensation for victims:
These cases demonstrate how the financial stakes are rising and emphasize just one of the reasons why HR professionals need to take initiative to prevent and address workplace harassment.
The other costs
of not conducting an investigation
Beyond a financial penalty, failing to investigate workplace complaints can have other far-reaching consequences:
- Reputational Damage: Ignoring complaints can severely tarnish a company’s public image.
- Decreased Employee Morale and Productivity: A workplace perceived as unsafe or unresponsive to harassment claims can lead to diminished morale, increased absenteeism, and lower productivity.
- High Employee Turnover: Employees are more likely to leave organizations that fail to address harassment, resulting in increased recruitment and training costs.
- Regulatory Penalties: Non-compliance with legal obligations to investigate complaints can result in fines and sanctions.
When to investigate a claim
HR professionals must recognize the signs of an unsafe or non-inclusive work environment. Complaints often stem from occurrences such as:
- Bullying or insulting language
- Direct threats or harassment
- Discrimination or retaliation
- Violence
- Human rights violations
- Physically dangerous working conditions
Given the multiple negative impacts these issues can have on a company, any claim should prompt immediate action and an impartial investigation.
The benefits
of hiring an independent investigator
To conduct their workplace investigation, many companies opt to engage an independent investigation firm. Independent investigators bring several advantages:
- Without Bias: Independent investigators have no prior involvement in workplace dynamics, ensuring a fresh perspective.
- Ensures Procedural Fairness: They preserve the integrity of the investigation by adhering strictly to company policies, instilling confidence in the process.
- Produces Findings That Are Legally Defensible. Their detailed reports include evidence, interviews, and findings, ensuring accuracy and legal defensibility, thereby protecting the interests of all parties involved.
- Confidentiality: Independent investigators guard the privacy of all parties, reducing the risk of retaliation and fostering openness during interviews.
- Enhanced Stakeholder Comfort: Employees may feel more at ease sharing information with an impartial third party, leading to more accurate and comprehensive findings.
The resulting investigator’s report is a cornerstone of the process. It summarizes all relevant evidence in a fact-based manner. This level of detail ensures the findings can withstand legal scrutiny.
What is required by the investigator
To facilitate a thorough investigation, HR should provide:
- Workplace Harassment and Violence policies
- Respectful Workplace and Code of Conduct policies
- Collective Agreement details (if applicable)
- Complaint process documentation
- Employment details of all involved parties
- Incident reports, written statements, and witness accounts
- Previous incident records, if relevant
- Video recordings and digital evidence
- A timeline of events and contact details for interviews
Additionally, the investigator may request access to relevant locations and workspaces.
What an independent investigator will do
To conduct a comprehensive workplace investigation, an independent investigator will typically follow these steps:
- Consultation with the Point of Contact: Review supporting documents and consult with the client representative to understand the workplace dynamics. As part of the consultation, the investigator provides their plan outlining the steps they will take in the investigation.
- Interview of Participant(s) 1: Gather detailed accounts of incidents from the complainant(s), recorded for accuracy.
- Interview of Witnesses: Collect information from witnesses about the incidents and any relevant workplace behaviours.
- Interview of Participant (s) 2: Hear the respondent’s perspective on the allegations.
- Additional Interviews: Conduct follow-ups if new information arises.
- Generation of Findings: Analyze all evidence and testimonies to determine factual findings.
- Creation and Presentation of the Report: Deliver a detailed, objective report to the client representative.
Safeguard your employees and your company: hire an independent investigator
Workplace harassment, discrimination, and bullying are serious issues that can have devastating financial and reputational consequences for your business. By promptly investigating complaints and engaging an independent firm to do so, HR professionals can ensure fairness, uphold procedural integrity, preserve a culture of trust and inclusivity, and protect their organization from potential liabilities.
Need support to manage your workplace investigation?
Timely, impartial, and cost-effective help is available now.
Contact us:
investigations@xpera.ca | 1-888-842-8112
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