Liability for a Defective Investigation
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 May Add to the Damages – 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 Leads to Multi-Million Dollar Wrongful Dismissal 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.
Damages Increase Due to Failure to Investigate
A short discussion of how an employer’s failure to investigate workplace
allegations may increase its liability in subsequent litigation.
Examples of Dramatic Damage Awards for Failure to Investigate
Examples of cases in which failures in the investigation process contributed
to significant damage awards against employers.