Duty to Investigate
Legal Obligations, Workplace Concerns & When Employers Must Act
The duty to investigate workplace concerns may arise from statute,
contract, workplace policy or the common law. It may also arise before
a formal complaint is made. This research section examines when an
investigation is required, the legal sources of that obligation, and
the types of workplace issues that commonly trigger an employer’s
duty to act.
Is a Workplace Investigation Mandatory?
An overview of the principal legal sources of the duty to
investigate, including statutory obligations, workplace policies
and the common law. The article also considers the consequences
that may follow when an employer fails to investigate serious
workplace allegations.
When Does the Duty to Investigate Arise?
A formal written complaint is not always required. This article
examines circumstances in which an employer may be required to
investigate once it knows, or reasonably ought to know, of
possible harassment, misconduct or other workplace concerns.
Occupational Health & Safety
A review of investigation obligations arising under Alberta
occupational health and safety legislation, including workplace
incidents, hazards, dangerous-work refusals and allegations
involving harassment or violence.
Canada Labour Code & Duty to Investigate
The investigation requirements applicable to federally regulated
employers, with particular attention to the Canada Labour Code
framework governing workplace harassment and violence.
Examples of Issues Requiring Workplace Investigations
A practical overview of recurring workplace issues that may
require a prompt and impartial investigation, including
harassment, violence, human rights complaints, policy violations,
conflicts of interest, safety issues and serious misconduct.
Video: The Need to Conduct a Workplace Investigation
A short video examining why employers should respond promptly
to workplace concerns and the legal consequences that can follow
from a failure to conduct a fair and effective investigation.