Workplaces investigations have an increased presence in the workplace, in part due to statutory amendments over the last several years. Employers in Ontario are required to have policies in place regarding workplace violence and harassment, which should include direction on how to report and investigate workplace complaints. Occupational health and safety legislation have placed a positive duty on employers to investigate allegations of workplace harassment.
Central to that duty to investigate, is the need to hire a trained and neutral investigator to carry out the investigation. Monkhouse Law is called upon to act as a third-party neutral investigator to interpret and implement workplace policies, which includes the performance of workplace investigations.
Workplace Investigation Services
1. Monkhouse Law as Workplace Investigator
As employment lawyers who have in-depth knowledge of occupational health and safety legislation, human rights protections and accommodations, as well as experience with disputes in the workplace, which gives rise to litigation, we are uniquely situated to bring this end-to-end perspective and expertise to assist with the development and implementation of the appropriate investigation scope and procedure.
We understand workplaces. We understand that each workplace brings with it a unique and dynamic work environment. It is this understanding and our experience that best positions us to serve as workplace investigators. Our comprehensive knowledge of the law provides us with
the tools we need to identify and resolve workplace complaints in a manner that is legally sound.
Monkhouse Law has experience working with both employees and employers in a legal dispute. Our understanding of and approach to employment law, and to workplace investigations, is not one-sided. It is comprehensive.
2. Monkhouse Law as witness representation during workplace investigation
In addition to our work as workplace investigators, Monkhouse Law also provides advise and representation to witnesses, respondents, and complainants during a workplace investigation to ensure that employees have someone in their corner giving them strategic advice.
With our many years of experience as employment lawyers, we understand the concerns employees may have when asked to participate in a workplace investigation. Our expertise enables us to guide employees through the process smoothly and comfortably. Monkhouse Law
is committed to firmly advocating on behalf of those witnesses, respondents, or complainants which we represent.
Our experience in representing both employees and employers in legal disputes means we are able to intimately understand, anticipate, and advocate for the interests of the clients we represent by using our knowledge of being on both sides of a workplace investigation.
If you require representation during a workplace investigation, please consider speaking with a lawyer at Monkhouse Law.
If you’re wondering what your employee rights are during a workplace investigation, learn more in Workplace Investigations Employee Rights.
Workplace Investigation Process
1. Initial Steps
Workplace investigations require a lot of preparation. With our extensive expertise, Monkhouse Law can help you hit the ground running. We can quickly produce an investigation plan focused specifically on the nature of the complaint. The investigation plan will set out the
scope of the investigation in a transparent and comprehensive manner.
We have developed thorough understandings of workplace policies and Codes of Conduct through our years of experience as employment lawyers. We can thoroughly review any workplace policy to determine its enforceability and if any breaches have occurred.
As part of our extensive planning, we will consider potential witnesses and documentary evidence. We will develop appropriate interview questions that cut to the core of the investigation and quickly move towards a resolution.
2. Method
Monkhouse Law conducts investigations economically and efficiently using online technology and will also travel to locations around Ontario to conduct their investigations when the situation and/or policies require it. We offer flexibility in our investigations. At the centre of our investigation process is integrity and confidentiality. While gathering evidence and interviewing witnesses, our goal is to uncover the truth of any complaint. The truth is best uncovered when confidentiality is assured. To the best of our ability, we will conduct workplace investigations in a manner that respects the privacy of all participants and respects the delicate nature of the workplace and workplace relationships.
Integrity it is important to us. We conduct our investigations in a way that is impartial and free of bias. In conducting workplace investigations, Monkhouse Law aims to treat all participants fairly and with civility. We review all evidence, whether documentary or testimonial, through this impartial lens. Any evidence or witness testimony received will be included in a summary of the evidence.
3. Investigation report
Monkhouse Law will draft a thorough investigation report at the end of the workplace investigation. The report will be clear and concise. It will discuss the initial complaint and cause for the investigation. The report will discuss the evidence, any policies that may exist, and any
witness statements that were made. The report will include our findings of fact, supported by the documentary or testimonial evidence collected.
The report will clearly set out our conclusions based on a consideration of all the documentary and testimonial evidence. Our conclusion will be explained simply to minimize the risk of misinterpretation. Based on our conclusion, we may propose actions to be taken moving
forward to address or resolve problems or concerns.
The report will discuss any issues that could not be resolved through the course of our investigation. The report will suggest next steps in addressing these unresolved issues.
Types of Complaints or Workplace Investigations Monkhouse Law Investigates
- Sexual harassment
- Sexual violence
- Discrimination
- Poor management
- Code of Conduct violations
- Bullying
- Violations of employment standards
- Financial misconduct
- Violations of company policy
- Poisoned work environment
Fees
Monkhouse Law provides affordable services in workplace investigation at both a fixed-cost and hourly rate so that our clients can choose their desired approach. If you require assistance, please contact us for a free 30 minute phone consultation.