Procedural Fairness
Notice of Allegations, Meaningful Response & Impartial Investigations
Procedural fairness is central to a defensible workplace investigation.
The person responding to allegations should understand the substance
of the case being made, have a meaningful opportunity to respond, and
be treated through a process that is impartial and proportionate.
This section examines the legal principles of fairness and the
consequences that may follow when an investigation falls short.
Duty of Fairness — Hockey Canada Juniors Criminal Trial
An examination of investigative fairness through the issues
raised in the Hockey Canada juniors criminal proceeding.
The article considers the importance of disclosure, reliable
evidence and giving the person accused a fair opportunity
to respond to the allegations.
Statutory Function & Procedural Fairness
Where an investigation forms part of a statutory decision-making
process, procedural fairness may carry legal consequences beyond
ordinary workplace practice. This article considers the
relationship between statutory authority and the duty to
conduct a fair process.
Federal Court Guidance — Canada Labour Code
A review of Federal Court guidance on procedural fairness in
the Canada Labour Code context, including the requirements
of a meaningful opportunity to know and answer the case
being advanced.
Are You the Subject of an Investigation?
A practical discussion of the position of an employee who is
the subject of workplace allegations, including notice of
the allegations, participation in the investigation,
responding to evidence and the importance of a fair
opportunity to provide an explanation.
RBC’s Unfair Investigation & Multi-Million Dollar Award
A striking example of the potential consequences of an unfair
investigative process. The case illustrates how defects in
the investigation and the employer’s treatment of the employee
can become important issues in subsequent wrongful
dismissal litigation.
Video: Rules of Fairness in the Investigation
A short video outlining the basic fairness principles that
should govern the investigation process, including notice
of the allegations, the opportunity to respond and an
impartial assessment of the evidence.