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[Workplace Investigations: Index to Contents]

Introduction

Statutory Duty

Statutory Duty: Human Rights: Ontario: Failure to Investigate: Independently Actionable?

Other Jurisdictons

Canada Labour Code: Duty to Investigate

Dismissal Motions

Applicant Accepts Investigative Report

Failure to Co-operate: Costs Liability

Adds to Defence of Employer Liability: Sexual Harassment

Occupational Health & Safety: Duty Investigate

Duty to Investigate: No Complaint

Civil Cases

Voluntary Investigations: The Advantages

Investigation Defective: Damage Awards

Investigation Defective: Manner of Termination

Investigation Defective: Impact on Cause Allegations

Failure to Investigate: Constructive Dismissal

Investigation Defective: Anecdotal Review

Malicious Prosecution: McNeil v Brewers Retail

Flawed Investigation: Defamation Claim Succeeds

Workplace Investigation: Bhasin: Duty of Honest Performance

Rules in Conducting the Investigation

Summary of Due Process Rules

Ground Level Rules

Checklist

Right of Suspension Pending the Investigation

Fairness Duty upon Investigator

Employee Protected Rights

Electronic Footprint

Right to Counsel

Government Actor: Employer Complicit: Charter Rights

Right to Remain Silent

Common Law Confession Rule

Access to Investigator’s Notes

Analogy to Union Representation

Duty to Recommend Legal Counsel

Company Lawyer as the Investigator

Summary: Chart: Facts: Damage Awards

🔎 Workplace Investigations Resources