Duty to Investigate
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.
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.