When a complaint comes in, an organization must decide what to do, often quickly. What the law requires of it depends on the jurisdiction and the type of complaint.
A workplace investigation is a fact-finding process, typically triggered by a complaint, to determine whether certain workplace events or behaviours occurred and whether the conduct breached a policy or the law.
An investigation focuses on answering what happened, why it happened, when it happened, who was involved, what they did or did not do, who knew about it, and the surrounding circumstances, based on the facts and evidence provided.
Rachel Maxcy is an independent workplace investigator based in Vancouver, British Columbia. We conduct investigations for organizations in British Columbia, Alberta and Ontario, and for remote workplaces. See where we work.
This page sets out each stage of the process and the principles that guide how we work.
The most common complaints that lead to a workplace investigation include:
An organization's obligation to respond typically begins when it receives a complaint or when it knows, or ought to know, about the conduct. This can lead to an informal or formal investigation.
Not every complaint calls for a full investigation. Some can be resolved through a conversation, a conflict resolution process or mediation process, or another strategy such as coaching, training, or performance management.
Others involve serious allegations, such as harassment, discrimination, or misconduct by someone in a position of authority, where an employer has a legal obligation to look into what happened.
When it is unclear which applies or what the actual allegations are, our Preliminary Review and Assessment helps an organization decide before committing to a full investigation.
We begin with a confidential call to understand the complaint, the people involved and what the organization needs. Before taking on a matter, we check for any conflict of interest with the parties.
The scope is set out in writing. This includes the allegations to be investigated, the policies and regulatory frameworks that apply, who will be interviewed, and how the report will be delivered. Work begins once the organization signs the engagement agreement and pays the deposit. See Fees.
We review the complaint, the allegations tied to it, the relevant documents and evidence, and the organization's internal policies. We identify witnesses where possible and plan the order of interviews.
A clear investigation plan keeps the process consistent and fair from start to finish. Plans commonly change as an investigation unfolds. When they do, we note the change and adjust the plan.
The plan sets out a clear mandate for the investigation. It identifies points of contact; what the investigator does if information falls outside the mandate or scope; privilege considerations, such as working with counsel; logistics, such as how interviews will be conducted; and timelines and reporting.
The plan also records critical details: information about the complainant, the complaint's current status, who has communicated with the respondent, whether the complainant and respondent are on leave or currently employed by the organization, who attends interviews, and the investigation timeline.
We have checks in place for evidence gathering, documentation, recording interviews, and signed statements.
We tell each participant in advance what the interview is about, roughly how long it will take, and how we will use their information. We also ask whether they need any accommodation to take part and adjust accordingly.
More on how interviews are adapted for disability, mental health and neurodiversity.
We interview the complainant, the respondent and relevant witnesses. If the respondent has not seen them, we give them the particulars of the allegations and a full opportunity to respond. When new information comes up, we may follow up with participants so that each person can address evidence that affects them.
Throughout this process, we reinforce confidentiality, sensitivity, ask if they need support, and check in.
We review documents, messages, and other records alongside the interview evidence. This step often occurs simultaneously with the above. Where accounts differ, we assess credibility and reliability using the credibility test set out in Faryna v. Chorny, looking at consistency, detail and whether an account fits with the rest of the evidence. A critical piece is the chronology of events, timing, and facts tied to each allegation and event.
We make recommended findings of fact on the balance of probabilities, the civil standard that applies to workplace investigations, as confirmed by the Supreme Court of Canada in F.H. v. McDougall. The question is whether the facts and evidence show, on that standard, a breach of policy or regulation. The report sets out each allegation, the evidence considered, our findings, and whether the conduct potentially breached the relevant policy or regulatory frameworks.
Recommendations are made on a case-by-case basis. The organization receives the report and decides on appropriate action based on its findings and recommendations.
The report also explains the investigation process to ensure transparency and understanding for all involved.
The organization receives the report. Ideally, all parties receive a copy of the report as a matter of fairness and transparency. However, there are circumstances where the report contains sensitive and confidential information that may not be suitable to share with everyone. In those cases, we recommend providing a summary of the report or a redacted version, with an explanation of why.
If legal counsel retained the investigator, decisions about distribution are made with or by counsel, due to privilege.
In Ontario, the Occupational Health and Safety Act sets a minimum standard: the worker who raised the complaint, and the alleged harasser or respondent (if they work for the same employer) must be informed in writing of the results of the investigation and of any corrective action taken or to be taken (section 32.0.7).
All reports are watermarked as confidential by us and in some cases, each recipient is assigned a number and given a secure link to view the report, which cannot be downloaded.
We also meet with the organization to walk through the findings and answer questions.
The length of an investigation depends on the number of allegations and interviews, the volume of documents, complexity, accommodations, and the availability of participants. We provide an estimated timeline at the start and keep the organization informed if it changes. Vacation or leave, including medical leave, and the timeliness of information sharing can affect the timeline.
A simple investigation typically takes four to eight weeks. More complex matters take longer, and the timeline depends on the availability of all parties involved.
A full workplace investigation usually costs between $7,500 and $35,000, plus applicable taxes. The final cost depends on the number of allegations, how many people are interviewed, how much evidence to review, and the type of report needed.
Full investigations are billed hourly at rates based on the type of organization, and every engagement starts with a written estimate. If it is not yet clear whether a complaint needs a full investigation, the organization can start with a Preliminary Review and Assessment for a flat fee of $2,950. This written assessment reviews the complaint and the documents provided and recommends whether to investigate or handle the matter another way. If a full investigation goes ahead, we deduct the $2,950 from the investigation cost because that work is already done. See Fees for rates and deposits.
Remote workplace investigations follow the same stages and the same standard of fairness as any other investigation. What changes is how interviews are held and how documents are shared. Read more about how remote workplace investigations work.
Everyone interviewed is asked to keep the process confidential. Information is shared only as far as needed to conduct a fair investigation. Confidentiality has limits: a respondent must be told the allegations to respond, and a report may be required in a later legal proceeding.
In British Columbia and Alberta, the Personal Information Protection Act (BC PIPA; Alberta PIPA) requires organizations to protect personal information, including investigation records, through reasonable security arrangements.
Ontario does not have a PIPA. For the private sector, protection of investigation records rests on a combination of statutory provisions, employment contract terms, and common law practices.
Under Ontario's Occupational Health and Safety Act, an employer's workplace harassment program must set out how information obtained about an incident or complaint of workplace harassment, including identifying information about any individuals involved, will not be disclosed unless necessary for the purposes of investigating the incident or complaint, or for taking corrective action, or is otherwise required by law (section 32.0.6).
Many organizations handle complaints internally, and for some allegations, this works well. Complaints involving managers or senior staff, complex allegations, or a risk of legal proceedings usually call for an external investigator. Read more about choosing between an internal and external workplace investigation.
Trauma-informed practice recognizes that workplace conflict, harassment and investigations themselves can cause real distress and harm, and that distress can affect how people recall and describe events.
We take a trauma-informed approach aligned with procedural fairness, and we apply the same practices to everyone, whether they are a complainant, a respondent, or a witness. Trauma-informed practice does not change the standard of proof or how we weigh evidence.
Read more about our trauma-informed approach to workplace investigations.
Communication styles differ across cultures. Directness, eye contact, and how someone tells a story can vary widely, and none of these alone indicates whether an account is credible. Read more about communication across cultures in workplace investigations.
We work with employers, boards of directors, HR teams and employment lawyers in both the private and non-profit sectors.
To discuss a complaint or find out whether an investigation is needed, book a confidential call.