Workplace Investigations

A harassment complaint has arrived. What you do in the next 48 hours determines your exposure.

Investigations conducted by Scott Tracze, Q.ARB, designated, insured, and independent. Flat-fee pricing. Findings built to withstand HRTO and arbitration scrutiny. If the matter has not yet become a formal complaint, mediation may be the right first step.

Book a Free Consultation 613-661-0696, Urgent Matters Same Day

A single HRTO general damages award ranges from $15,000 to $50,000 or more, excluding legal fees and management time. The cost of not investigating properly is not theoretical.

When You Need an Independent Investigator

Most Ontario employers understand they have to investigate. Fewer understand what a proper investigation actually requires, or when handling it internally creates more risk than it resolves. An independent investigator is not just best practice in the following situations, it is what the HRTO expects.

The respondent is a manager, director, or owner.

When the person conducting the investigation reports to the respondent, works alongside them, or has a prior relationship with them, the result may be accurate but it will not be believed, by the complainant, by the HRTO, or by a court.

Your HR function lacks investigation capacity.

A small or non-existent HR function cannot credibly conduct a formal investigation into a serious allegation. The HRTO expects independence, structure, and documented procedural fairness, not a conversation with HR and a memo to the file.

A previous internal investigation is being challenged.

If the adequacy of a prior investigation is at issue in an HRTO application or Ministry complaint, an independent investigation at this stage demonstrates the employer's commitment to a proper process.

Internal Investigation vs. Aegis 360 HR

Why the choice of investigator is the decision that matters most.

Internal Investigation

Aegis 360 HR

Independence and credibility

Compromised when HR reports to the respondent or lacks investigation experience

Complete independence. No prior relationship with any party. Q.ARB certified.

HRTO and arbitration scrutiny

Frequently challenged. Tribunal has found internal investigations inadequate where bias or conflict is present.

Built to withstand HRTO, arbitration, and court scrutiny at every step.

Procedural fairness documentation

Often incomplete. Gaps in documentation create liability even when findings are correct.

Documented at every stage. Notice of allegations, opportunity to respond, credibility analysis on record.

Conflict of interest

Unavoidable when the respondent is a manager, owner, or senior leader.

Conflict check completed before engagement. No conflicts accepted.

Report defensibility

Findings may be accurate but are vulnerable to challenge on process grounds.

Written findings on a balance of probabilities, with credibility analysis and recommendations.

Cost of getting it wrong

A flawed investigation can trigger a second investigation, an HRTO application, and damages awards of $15,000 to $50,000 or more.

Flat fee. Scope defined at the outset. No billing surprises.

The Q.ARB Difference

Scott Tracze holds the Q.ARB designation, issued by the ADR Institute of Ontario. Q.ARB-certified arbitrators have demonstrated the knowledge and competency required to conduct and report on adversarial proceedings, the same standard applied by arbitration tribunals reviewing workplace disputes.

In practice, this means every Aegis 360 HR investigation is conducted with the procedural rigour that an arbitrator or HRTO adjudicator reviewing the file would expect to see. The report is built to withstand scrutiny in subsequent proceedings. Most independent workplace investigators cannot say the same.

Our Investigators

Scott Tracze, Q.ARB

Lead Investigator and Founder

Q.ARB designation from the ADR Institute of Ontario. 15 years of Ontario and federal labour relations experience across private sector employers, public institutions, unions, and law firms. Every investigation is conducted and reported to the procedural standard an arbitrator or HRTO adjudicator would expect to see.

Nadia Rajah, RN MN

Associate Investigator and Dispute Resolution Specialist

Former investigator at the College of Physicians and Surgeons of Ontario. Executive Certificate in Dispute Resolution from the University of Windsor Faculty of Law. Negotiation Mastery from Harvard Business School. Brings a trauma-informed, EDI-grounded approach to investigations involving healthcare professionals, regulated workers, and complex interpersonal matters.

How the Investigation Works

Intake and scoping

The investigation begins with a thorough intake: understanding the allegations, identifying the parties, reviewing the workplace context, and defining the scope in writing before any interviews begin. Interim measures, whether separation of parties, modified duties, or administrative leave, are assessed at this stage.

Conflict check

Before accepting the engagement, Aegis 360 HR confirms there is no conflict of interest with any party. An engagement letter is issued to the employer setting out the scope, fee, timeline, and the investigator's obligations to both parties.

Document review

Relevant documents, emails, policies, prior complaints, personnel records, and any other material records, are gathered and reviewed before interviews, so that witnesses are examined on the full factual record.

Interviews

Each party and all material witnesses are interviewed. The respondent is given the allegations in sufficient detail to respond meaningfully. This procedural fairness requirement is not optional under Ontario law. It is built into the process and documented at each stage.

Analysis and report

The written investigation report sets out the allegations, the evidence, the credibility analysis, and the findings on a balance of probabilities. The report is addressed to the employer. Recommendations for corrective action are included. A post-report debrief follows.

Scott is an exceptionally skilled individual, his award writing was clear, concise and well reasoned.
Andrew LivingstonMA, Q.MED, Q.ARB

Scott’s knowledge of labour law and expertise in arbitration is outstanding. His ability to navigate complex workplace disputes with professionalism and fairness is exceptional. I have always been impressed by his very thorough knowledge and his ability to understand and resolve complex situations.
Dr. Vern BelosCHRP, CMC, PCC, Professor

Scott demonstrates remarkable integrity and a calm demeanour when handling sensitive workplace matters. His mediation and arbitration skills have been invaluable. Scott’s highest integrity and ethics make him uniquely qualified to handle workplace disputes and HR matters at the highest level.
John StoutMediator / Arbitrator

Investigation Deliverables

Every Aegis 360 HR workplace investigation engagement includes:

--Intake meeting with the employer to define scope and assess preliminary issues
--Review of relevant documents provided by the employer
--Interviews with the complainant, respondent, and material witnesses
--Procedural fairness steps throughout, documented at each stage
--Written investigation report: allegations, evidence summary, credibility findings, balance of probabilities conclusion, and recommendations
--Post-report debrief with the employer

Out-of-scope items billed separately at an agreed hourly rate: additional interviews beyond the initial estimate, appearance as a witness in subsequent proceedings, and travel to locations outside Eastern Ontario.

Investigation Fees

Flat-fee pricing. Scope defined at the outset. 50% retainer required on signing. No billing surprises.

The useful question for most Ontario employers is not what the investigation costs, but what it costs not to investigate properly. A single HRTO general damages award ranges from $15,000 to $50,000 or more, excluding legal fees and management time.

$3,500 to $5,000 + HST

Straightforward

Single complainant, single respondent, three to five witnesses, one allegation type

$5,000 to $7,500 + HST

Standard Complexity

Multiple allegations, more witnesses, prior complaint history, or complex workplace context

$7,500 to $12,000+ + HST

High Complexity

Multiple parties, senior respondent, parallel HRTO or Ministry of Labour proceedings, unionized workplace

Received a complaint?

Scott Tracze will assess your situation on a free 20-minute call and tell you exactly what the investigation requires and what it will cost, before you commit to anything.

Book a Free 20-Minute Call 613-661-0696

Ontario Legal Framework

Occupational Health and Safety Act (OHSA), s.32.0.7: Employers must investigate harassment complaints in a manner appropriate to the circumstances. The workplace harassment program required under OHSA must include a procedure for workers to make complaints and for those complaints to be investigated.

Ontario Human Rights Code: Harassment on protected grounds is a form of discrimination. HRTO decisions have imposed liability on employers where investigations were inadequate, biased, or absent, independent of whether the underlying complaint was ultimately proven.

Common law: Courts have found that failure to investigate harassment complaints, or conducting a structurally flawed investigation, constitutes a breach of the employer’s obligations and can support damages claims beyond the underlying complaint.

Workplace Investigation FAQs

When is an employer legally required to investigate a harassment complaint in Ontario?

Ontario employers are legally required to investigate every workplace harassment complaint. Under the Occupational Health and Safety Act (OHSA), s.32.0.7, employers must investigate complaints and incidents of workplace harassment in a manner appropriate to the circumstances. This obligation is not discretionary. 'Appropriate to the circumstances' means the investigation must be proportionate to the severity and complexity of the complaint. A minor single-incident complaint between peers may be resolved through a management-level inquiry. A serious complaint involving a senior leader, multiple incidents, or a protected ground under the Ontario Human Rights Code requires a formal, documented investigation. The obligation triggers when a complaint is made or when the employer becomes aware of an incident, whether or not a formal complaint is filed. Failure to investigate, or investigating inadequately, exposes the employer to HRTO complaints, Ministry of Labour orders, and common law liability for failure to maintain a safe workplace.

Can I investigate internally or do I need an outside investigator?

You can investigate internally in some circumstances, but there are situations where internal investigation is not appropriate and creates legal risk. Internal investigation is not appropriate when the alleged harasser is a manager, director, or owner; when the person conducting the investigation has a prior or reporting relationship with either party; or when the employer's HR function is small enough that independence is not credible. In those situations, an independent third-party investigator is not just best practice, it is what the HRTO expects. The Tribunal has found that an internal investigation by someone who reports to the respondent fails to meet the OHSA standard. For an Ontario SME without a dedicated HR function, internal investigation is almost always impractical. Contact Aegis 360 HR to assess whether your situation requires an independent investigator.

How long does a workplace investigation take in Ontario?

A straightforward investigation typically takes four to eight weeks from engagement to final report. More complex investigations, multiple parties, significant document review, senior respondents, unionized workplaces, or parallel regulatory proceedings, may take ten to sixteen weeks. The timeline is driven primarily by the availability of parties and witnesses for interviews and the volume of the documentary record. If your situation has a regulatory deadline, flag it at the outset and the scope and timeline can be calibrated accordingly.

How much does a workplace investigation cost in Ontario?

A straightforward workplace investigation, single complainant, single respondent, three to five witnesses, one allegation type, typically costs between $3,500 and $5,000 plus HST. Standard complexity investigations range from $5,000 to $7,500 plus HST. High-complexity investigations, multiple parties, senior respondent, parallel HRTO or Ministry of Labour proceedings, range from $7,500 to $12,000 or more plus HST. Aegis 360 HR uses flat-fee pricing. The scope is defined at the outset and a 50% retainer is required on signing. Additional scope is billed at an agreed out-of-scope rate. The useful question for most Ontario employers is not what the investigation costs, but what it costs not to investigate properly. A single HRTO general damages award ranges from $15,000 to $50,000 or more, excluding legal fees and management time.

What happens after the investigation is completed?

Once the written investigation report is finalized, Aegis 360 HR provides a post-report debrief with the employer. The report sets out the findings, credibility analysis, and recommendations. Acting on the recommendations, implementing corrective action, communicating outcomes to the parties, updating policies, is the employer's responsibility. Aegis 360 HR can advise on implementation if needed, billed at the out-of-scope hourly rate.

What rights does the accused employee have during an investigation?

The respondent has a right to procedural fairness throughout the investigation. In practice, this means the respondent must be told the allegations in sufficient detail to respond meaningfully before their interview, not a verbatim copy of the complaint, but enough to understand what they are alleged to have done. The respondent has the right to be interviewed, to present their account, and to identify witnesses. These procedural fairness requirements are built into every Aegis 360 HR investigation and documented at each stage. Failure to meet them can compromise the entire investigation and expose the employer to additional liability.

Ready to protect your organization?

Contact Scott Tracze for a free, confidential consultation. He will assess your situation and tell you directly what the investigation requires and what it will cost, before you commit to anything.

Book a Free Consultation 613-661-0696

Scott Tracze, Q.ARB | scott.tracze@aegis360hr.ca