Independent workplace investigations
Procedurally fair, trauma-informed, and legally sound investigations — conducted by a lawyer with no stake in the outcome. For organizations that need a defensible process and for parties who need to be heard.
When an investigation is required
Under Ontario’s Occupational Health and Safety Act (OHSA), employers must investigate incidents and complaints of workplace harassment — including sexual harassment — in a manner that is appropriate in the circumstances. Under the Human Rights Code, failing to investigate allegations of discrimination or harassment based on a protected ground is itself a breach of the Code.
The duty is triggered not only by a formal complaint but whenever an organization becomes aware of an incident. A flawed investigation can be worse than none at all — compounding harm and increasing liability.
Want the full legal standard? Read our guide on what a workplace investigation must actually include in 2025, including the Ontario Court of Appeal’s decision in Metrolinx v. ATU Local 1587. Read the article
Matters we investigate
Harassment & sexual harassment
Allegations of workplace harassment, including sexual harassment, under OHSA and human rights protections.
Discrimination
Conduct alleged to be based on protected grounds such as race, sex, disability, age, or family status.
Workplace violence & threats
Incidents of violence, threats, or behaviours that raise occupational health and safety concerns.
Misconduct & policy violations
Serious breaches of workplace policies, codes of conduct, or professional standards.
Conflicts of interest & fiduciary duty
Alleged conflicts of interest or breaches of fiduciary and loyalty obligations.
Whistleblower complaints
Protected disclosures raising reprisal or wrongdoing concerns under applicable legislation.
Our five-step process
- 01
Scoping & intake
We confirm the mandate, the allegations in scope, the parties involved, and the governing policies and legislation. A clear terms of reference is prepared before any evidence is gathered.
- 02
Notice & evidence collection
The respondent receives notice of the allegations in sufficient detail to respond. Relevant documents, communications, and records are gathered and preserved.
- 03
Witness interviews
The complainant, respondent, and relevant witnesses are interviewed separately and fairly. Interviews are trauma-informed while remaining rigorous and probing.
- 04
Analysis & findings
Evidence is weighed against the allegations on a balance of probabilities. Each finding is supported by the record and the applicable legal standard.
- 05
Written report & disclosure
A written report sets out the process, evidence, analysis, and findings. Results and any corrective action are communicated to the parties as required by law.
Trauma-informed, but rigorous
Workplace complaints often involve people who have experienced harm. We conduct interviews with care — explaining the process, respecting dignity, and minimizing unnecessary re-traumatization.
That care never softens the standard. Findings rest on evidence, weighed against the allegations on a balance of probabilities, and the process remains procedurally fair to every party — complainant and respondent alike.
Engagement options
Full investigation
End-to-end fact-finding: scoping, evidence collection, witness interviews, analysis, and a written report with findings.
Quoted as a flat fee or capped fee once the scope is confirmed at the scoping call.
Preliminary assessment
An initial review to determine whether a full investigation is warranted and how it should be scoped.
Offered as a fixed flat fee for a defined, time-limited assessment.
Investigation support
Advice to internal investigators on process, procedural fairness, and legal compliance as they conduct the investigation.
Billed hourly or as a monthly retainer for ongoing support.
Post-investigation advice
Recommendations on remedial action, policy changes, and next steps after findings are delivered.
Billed hourly or scoped as a flat fee depending on the work required.
Figures depend on the scope and complexity of your matter. View fee arrangements for the pricing that applies, or raise it at the scoping call.
Important notice
An investigator cannot represent either the complainant or the respondent in the same matter. If you are a party to a workplace complaint and seek legal representation, we can advise you directly but cannot serve as investigator in that same case.
Book a scoping call
An initial scoping call helps clarify whether an independent investigation is needed, what it should cover, and how it can be structured — before you commit to anything.
Book a scoping call