Workplace Investigations

Independent Workplace Investigation Services for Ontario Employers

Under Ontario’s Occupational Health and Safety Act, every employer has a legal obligation to investigate workplace harassment complaints. How you conduct that investigation -- and whether you use an independent investigator -- determines whether your organization walks away with a defensible, documented resolution or faces scrutiny at the Human Rights Tribunal of Ontario.

Received a harassment complaint? Call today -- same-day consultation available.

613-661-0696

When You Need an Independent Investigator

Most Ontario employers understand they have to investigate. Fewer understand what a proper investigation actually requires -- or when conducting 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.

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.

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.

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.

$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

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.

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.

Received a complaint?

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