Liability for a Defective Investigation
Damage Awards, Investigative Failures & Other Legal Consequences
A workplace investigation can become a source of liability in its own
right. An employer may face increased damages where it fails to
investigate serious allegations, conducts the investigation unfairly,
ignores relevant evidence or relies upon a flawed process when making
disciplinary or dismissal decisions. This section examines the cases
in which investigative failures have contributed to substantial
damages and other legal consequences.
Chart of Damage Awards for the Failure to Investigate
A comparative summary of damage awards in cases where an
employer’s failure to investigate, or failure to conduct a fair
investigation, became an important factor in the court’s
assessment of damages.
Failure to Investigate — City of Calgary
A review of a case involving the City of Calgary in which the
employer’s response to workplace allegations and its failure
to investigate became relevant to the damages analysis.
When Failure to Investigate Becomes Part of the Wrong
An examination of cases in which the investigative failure is
not merely a procedural defect but forms part of the employer’s
underlying wrongful conduct, potentially increasing exposure
to compensatory, aggravated or other damages.
Flawed Investigation Leads to Defamation Claim
Workplace investigations can create risks beyond employment-law
damages. This article considers how statements made or repeated
during a defective investigative process may lead to a
defamation claim.
RBC’s Unfair Investigation & Multi-Million Dollar Award
A significant illustration of the financial consequences that
can follow an unfair investigation. The case examines
investigative shortcomings, the employer’s subsequent treatment
of the employee and the resulting wrongful dismissal damages.
Videos: Investigative Failures & Damage Awards
A short discussion of how an employer’s failure to investigate
workplace allegations may increase its liability in subsequent
litigation, together with examples of cases in which failures
in the investigation process contributed to significant damage
awards against employers.