Independent investigations into bullying, harassment, discrimination and misconduct for small organizations and nonprofits in Ontario, including complaints where disability, mental health or neurodiversity is part of the picture.
Retained by employers, boards and legal counsel when there is no HR team, or no one independent enough, to handle a complaint.
Section 32.0.7 of Ontario's Occupational Health and Safety Act requires an employer to ensure that an investigation appropriate in the circumstances is conducted into incidents and complaints of workplace harassment. A formal complaint is not needed to trigger it.
The worker who experienced the harassment and the alleged harasser, if a worker, must be informed in writing of the results and of any corrective action. The Ministry's Code of Practice to Address Workplace Harassment adds that an investigation should be completed within 90 calendar days unless there are extenuating circumstances.
Complaints that engage a protected ground, including disability, also fall under the Ontario Human Rights Code.
Most complaints in Ontario do not need one. These are the situations where an internal process is compromised before it starts.
An owner, executive director or senior manager. When the person named sits above everyone who could investigate, the complaint goes to the board or to an outsider.
In a small organization, HR is often one person who works closely with both parties, or there is no HR at all.
A party is on leave, is neurodivergent, or links the conduct to a condition. The process has to be adjusted and the adjustments documented.
A regulator, a human rights tribunal, an arbitrator or a court may read the file. The process needs to hold up to that reader.
Where it is not yet clear a full investigation is needed, the Preliminary Review and Assessment sets out the allegations, assesses them against the regulatory frameworks in Ontario, and recommends whether to proceed. It is a fixed fee of $2,950 and involves no interviews.
Where the decision has already been made, a full investigation runs from terms of reference to a written report. How an investigation runs, and what it costs →
The timeline is set at scoping and confirmed in writing. Most single-complainant matters complete within it. Where there is a reason a matter will run longer, the reason is documented.
Yes. Counsel can retain me directly so the investigation is conducted under privilege, with the report delivered to counsel. More for counsel.
Investigations are billed at $325 per hour against a written estimate, with a reduced rate for registered non-profits and charities. The Preliminary Review and Assessment is a fixed fee of $2,950.