Newsletters

March 16, 2016

66

Can you be both a neutral investigator and a biased employer?

Violence, harassment and personal conflicts at work are delicate situations where the employer may be overwhelmed by the problem, and thus be hard-pressed to solve it.

If you are an employer facing such circumstances, chances are that you will be in a dilemma: you know that you need to act as a neutral investigator, yet feel the need to protect your interests. This is especially true in harassment cases, where it is difficult to perform a neutral and objective investigation while you’re also suspected of having failed to provide a harassment-free working environment.

In such cases, Part XX, “Violence Prevention in the Work Place” of the Canada Occupational Health and Safety Regulations could inspire you. Section 20.9 compels an employer to appoint a competent and impartial person to investigate the violence, real or alleged. Although these regulations apply only to employers bound by federal labour and employment legislation, their inherent logic is equally sound under provincial jurisdictions. When a problem occurs, any employer should, as soon as possible, call upon a qualified person with relevant experience to shed light on the situation.

You will thereby be presented with neutral and objective conclusions and recommendations to help you understand the situation and justify the measures to take and sanctions to impose.

Commentary by Jacques Bélanger, from our Labour and Employment Law Group.

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