Managing the Workplace During a
Workplace Harassment Investigation

Running a business while conducting a workplace harassment investigation is challenging. The following tips are based on HR Proactive’s twenty-five years of investigation experience, relevant legislation and case law.

Protecting Your Team

Employers are required by law to protect employees from workplace hazards, including workplace harassment and workplace sexual harassment. In most jurisdictions, including Ontario, employers must create and implement an anti-harassment policy and program that includes procedures that explain how employees should submit complaints and the procedures that will be followed during an investigation.

The seriousness of the allegations must be carefully evaluated. Are the complainant or other employees at risk of more harassment? Interim measures may include separating the parties by removing one of them from the workplace, adjusting reporting relationships, changing the physical location of one or more individuals, or restricting communication between the complainant and respondent. The appropriate action will depend on the specific circumstances of each case. However, employers should generally avoid removing the complainant from the workplace or altering their work environment unless necessary. Since the allegations haven’t been proven, putting the respondent on paid leave is usually the fairest option.

Act Promptly, Proceed Fairly

A delayed investigation can disrupt workplace performance and result in financial consequences, for example, placing the Respondent on paid leave until a determination has been made.

Both parties should be kept informed throughout the process. The Respondent must be given a fair opportunity to:

• Respond to the allegations, including providing a written response if the complaint was submitted in writing before the investigation is completed.
• Present evidence, including participating in an interview with the Investigator.

Once the investigation concludes, the outcome should be shared with both parties, allowing time for feedback before any final decisions, such as disciplinary action, are made. Confidentiality must be strictly upheld, ensuring that Witnesses remain unidentified. As a best practice, HR Proactive Inc. recommends providing both parties with a copy of the investigation report for review only, without permitting it to be copied or removed from the workplace.

The faster the investigation is concluded, the sooner normal operations can resume, benefiting both the individuals involved and the workplace overall.”

Offer Support

Does your workplace offer an Employee Assistance Program (EAP)? Any party or witness experiencing health or stress-related issues because of the investigation should be informed of the available support services. Parties and witnesses should also be allowed to have representation (e.g., union members) or a support person present at any stage of the investigation process. Implementing a clear policy and procedure for handling harassment investigations—and ensuring that all participants are informed and supported at each stage—can help alleviate tension for everyone involved.

Keep Information Confidential

During the investigation, the identities of the parties (Complainant, Respondent, and Witnesses) should remain confidential. While some identifying information may need to be shared for investigative purposes, all parties and witnesses should be informed that discussing the complaint or revealing individuals’ identities outside of the investigation could result in disciplinary action. Gossip not only undermines the parties involved and disrupts workplace interactions, but it can also compromise the integrity of the investigation. It is also important to note that any retaliatory action against the Complainant or Witnesses for participating in the investigation is illegal.