As a human resources professional or manager, you may be tasked with conducting or overseeing workplace harassment investigations involving allegations of inappropriate employee behaviour. These allegations can include:

• A formal harassment or discrimination complaint filed by an employee
• Allegations of inappropriate workplace conduct
• A workplace environment that has become dysfunctional or “poisoned”.

These situations can be complex and can expose an organization to a complaint under the Human Rights Code or the Occupational Health and Safety Act, and even a lawsuit. Conducting a thorough and impartial investigation can mitigate these risks, reduce the likelihood of legal action, and demonstrate due diligence should litigation arise.

While some organizations have the internal resources to conduct effective investigations, handling cases internally can involve significant risks. For others, the ability to conduct a prompt and thorough investigation may be limited. When deciding whether to hire an external investigator, employers must consider several key factors:

Skills and Expertise

Each investigation presents its own challenges, with different types of misconduct requiring specialized expertise. An experienced investigator:  

• Has a thorough understanding of the laws and regulations relevant to the specific incident
• Knows how to efficiently gather and assess information, ensuring the investigation is completed without unnecessary delays
• Understands the requirements and expectations if the case progresses to a hearing in a court or tribunal
• Impartiality

Impartiality is a key element in a successful investigation. An investigator must not only be impartial but must also appear neutral to both employees and management. Pre-existing relationships or biases can erode trust in the investigation process. When selecting an investigator, consider the following:  

• •Are there any prior relationships between the investigator and those involved in the case?  
• Does the investigator’s role within the organization create any potential conflicts of interest?  
• Do any biases exist, whether real or perceived, that could affect the investigation’s outcome?  

Appointing a biased investigator can compromise the integrity of an investigation. Engaging an external investigator may be the best course of action, particularly when impartiality and trust are crucial. Employees may feel more comfortable speaking with a neutral third party.  

Timeliness

To demonstrate to complainants that their concerns are taken seriously, it’s important to conduct investigations promptly and thoroughly. Acting quickly not only reduces the risk of human rights complaints, legal disputes, or other litigation but also ensures that relevant facts are collected, and concerns are addressed effectively. When determining whether to engage an internal or external investigator, consider their availability and capacity to begin the investigation immediately, free from competing workplace priorities.

Severity

In serious cases, it may be necessary to engage an experienced external investigator. External expertise is particularly valuable in situations such as:  

• Involvement of government agencies (e.g., Human Rights Tribunal, Ministry of Labour).  
• Significant risk of lawsuits or government investigations.  
• Reports of the same serious issue from multiple employees (e.g., systemic racism, bullying, or a toxic work environment).  
• Allegations involving a senior or high-ranking employee.  
• Complaints receiving media attention.  
• The complainant has retained legal counsel, initiated a lawsuit, or filed a formal complaint with a government agency.  
• Allegations that are severe and pose a threat to the organization’s reputation.  
• A heightened need for objectivity and impartiality.  

External investigators have the expertise required to conduct effective interviews, compile detailed reports suitable for use in litigation or government investigations, and minimize disruptions to business operations. Retaining an external investigator demonstrates the organization’s commitment to addressing complaints seriously and ensuring a fair, unbiased investigative process.