Workplace Investigation
Vanguard Law’s employment lawyers conduct independent workplace investigations for Ontario employers—on tight timelines and in full compliance with the Occupational Health and Safety Act and the Human Rights Code. We also advise employers who are running their own investigations. We also represent employees—both complainants and respondents—so they understand the process, protect their rights, and are treated fairly.
At‑a‑glance
Matters: harassment/sexual harassment, bullying, workplace violence, discrimination, poisoned environment, reprisal/whistleblowing, policy breaches, Code of Conduct issues, conflict‑of‑interest, misconduct and performance concerns.
Models: fully external neutral investigator; counsel‑directed investigation (potential privilege); coach‑and‑support for internal HR; post‑investigation restoration.
Deliverables: Terms of Reference, investigation plan, evidence log, interview notes, findings on a balance of probabilities, optional recommendations, executive summary, communications plan.
Format: on‑site or virtual; bilingual and accessible options available on request.
Who we serve: employers and employees (complainants and respondents).
When you must investigate
Ontario employers must respond promptly and effectively to complaints or incidents involving workplace harassment and related misconduct. In many cases, an appropriate investigation is required. Triggers commonly include:
a complaint or report of harassment (including sexual harassment), bullying, or workplace violence;
a human rights concern (e.g., discrimination or poisoned work environment);
a Code of Conduct or policy breach;
safety incidents or threats; and
concerns raised through anonymous channels or whistleblowing.
We help you determine whether a formal investigation is required, when an informal resolution is appropriate, and how to proceed while meeting your legal duties of fairness, confidentiality, and non‑reprisal.
Services
External, neutral investigations
We act as an independent fact‑finder for employers. We conduct a fair, thorough, and timely investigation and deliver a clear, evidence‑based report suitable for Board, arbitration, tribunal, or court scrutiny.
Counsel‑directed investigations
Where appropriate, we structure and direct the investigation as legal counsel to promote and preserve applicable solicitor‑client or litigation privilege. We will discuss the limits of privilege and what should be documented (and how).
Coach & quality‑assure internal investigations
If you are investigating in‑house, we provide templates, interview strategies, and real‑time legal guidance to keep the process on track and defensible.
Post‑investigation remediation & restoration
We assist with implementing findings and recommendations: policy updates, training, safety planning, workplace restoration, and leadership communications.
Policy and program design
We draft and modernize your workplace harassment and violence policies and programs, reporting pathways, terms‑of‑reference templates, records‑management, and communications plans.
For Employees: Advice & Representation (Complainants and Respondents)
If you’re involved in a workplace investigation, we can help you navigate it confidently. We advise at every stage—before you file a complaint, when you’ve been named as a respondent, or anywhere in between.
How we help
Early consult & strategy: understand the process, risks, timelines, and your options.
Policy & Terms of Reference review: what the employer must do, what you can expect, and how to raise procedural fairness concerns.
Drafting & review: complaints, responses, timelines, witness lists, and supporting documents.
Interview preparation & attendance: coaching, mock questions, and real‑time support during interviews (or behind‑the‑scenes if preferred).
Accommodation & safety planning: trauma‑informed approaches, medical notes, schedule changes, and no‑contact measures.
Reprisal protection: advice where reporting leads to negative treatment; strategy under workplace harassment and human rights laws.
Confidential submissions: when and how to request anonymity, protective editing, or redactions.
Post‑report next steps: responding to findings, disciplinary meetings, settlement strategy, grievances/appeals, or Human Rights Tribunal/civil options.
Unionized vs. non‑union
If you’re unionized, your primary route may be through the grievance process. We can coordinate with your union or provide independent advice where appropriate.
Conflicts & independence
When we are retained as the external investigator for your employer on a specific matter, we cannot also represent individual employees in that same matter. If a conflict exists, we’ll point you to trusted referral options.
Transparent fees for employees
Strategy consult (60–90 min): flat fee.
Statement/response prep bundle: flat fee.
Interview‑day support: half‑day/day rates.
Ongoing advice available at an hourly rate.
Next step: Book a confidential consultation. We’ll review your situation and outline a plan that fits your goals and risk tolerance.
FAQs for Employees
Do I need a lawyer for a workplace investigation?
Not required, but legal advice helps you understand the process, avoid common pitfalls, and present your account clearly.
Can my lawyer attend my interview?
Often yes—rules vary by employer and investigator. We can attend with you or prepare you for a solo interview.
Will this be confidential?
Employers must keep matters as confidential as reasonably possible, but some disclosure of information is typical. We explain what may be shared and how to protect sensitive details.
What if the process feels unfair?
We can raise procedural concerns respectfully and request adjustments (e.g., sequencing, breaks, accommodations, or the chance to respond to new issues).
I’m on medical leave. Should I participate?
It depends on your health and the investigation stage. We’ll coordinate with your healthcare provider to balance participation with appropriate accommodations.
Our investigation process
Intake & triage
Conflict checks, urgency and risk screening, preservation steps, and scope definition.Terms of Reference (ToR)
We set the mandate, roles, issues, standards of proof, timelines, confidentiality, and reporting expectations.Plan & communications
Investigation plan, document request list, interview sequencing, union engagement (if applicable), and a respectful communications plan to protect participants and the process.Evidence collection
Targeted document review (policies, emails, chats, CCTV, HR files, schedules), evidence log, and chain‑of‑custody practices.Trauma‑informed interviews
Private, respectful interviews with complainant(s), respondent(s), and witnesses; opportunity to respond; accommodation as required.Analysis & findings
Credibility and reliability assessment; application of employer policies and law; findings on the balance of probabilities on each issue.Reporting
Plain‑language report (findings‑only or findings + recommendations). We provide an executive summary and a communications plan for sharing outcomes in line with your legal obligations.Implementation support
Advice on corrective action, safety planning, training, and organizational restoration.
What you receive
Signed Terms of Reference and an investigation plan
Document request list and preservation guidance
Interview invitations and scripts
Evidence log and interview notes
Findings report (and, if requested, recommendations)
Executive briefing deck (optional)
Template letters for outcome communication
Timelines & fees
Every file is different. Single‑issue matters with a small witness list move faster than multi‑complainant or systemic cases. We provide:
Transparent scoping up front with a budget range
Phase‑based or fixed‑fee options where suitable
Weekly status updates so you are never in the dark
Why Vanguard Law
Employment‑law focused: investigations led by Ontario employment counsel.
Independent & fair: procedurally fair, culturally aware, and trauma‑informed.
Defensible: reports built to withstand grievance, HRTO, and court scrutiny.
Plain language: clear findings and practical next steps.
Accessible: AODA‑conscious processes and materials on request.
Right‑sized: scalable for SMEs, municipalities, healthcare, education, tech, manufacturing, and unionized environments.
Legal privilege, privacy & confidentiality
We will discuss when and how investigations may attract solicitor‑client or litigation privilege, and the appropriate handling of records. We follow privacy best practices and will collaborate with you on data‑security and retention that aligns with your policies, collective agreements, and regulatory obligations.
Frequently asked questions
Do we always need an external investigator?
No. Some matters can be investigated internally if the investigator is impartial, trained, and has sufficient authority. External investigators are recommended where senior leaders are implicated, there are multiple complainants, there is public or regulatory risk, or internal impartiality is in doubt.
How long will it take?
Timelines depend on scope, availability of parties, and document volume. We provide a plan and regular updates so you can plan operations around key milestones.
Do employees have to participate?
Participation is generally expected as part of workplace duties. We address concerns respectfully, consider accommodations, and proceed on the available evidence if someone declines.
What standard of proof is used?
Workplace investigations use the balance of probabilities (more likely than not), not the criminal standard.
Will we have to share the report?
Employers often must share certain results with involved parties and, in some cases, provide a copy of the report to the complainant and respondent. We help you meet disclosure duties while protecting privacy and sensitive information.
Can we pause for a police investigation?
Sometimes the processes run in parallel; sometimes a brief pause is appropriate. We help you make a risk‑aware decision that preserves safety and fairness.
Can you investigate in unionized workplaces?
Yes. We work with your labour relations team to respect the collective agreement and representation rights.
Ready to talk?
Book a confidential intake to discuss scope, timelines, and the right investigation model