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Duty to Investigate in the Workplace — Obligations in Alberta

Employers in Alberta have a clear and growing legal obligation to investigate allegations of misconduct in the workplace. This duty to investigate applies whenever there is a complaint, concern, or indication of serious wrongdoing — even if the allegation is informal or anonymous.

Too often, employers hesitate or delay out of concern that an investigation might escalate conflict or disrupt operations. However, courts across Canada have consistently held that failing to investigate can expose an employer to significant legal risk. Investigations are not optional — they are a fundamental part of meeting the duty of fairness owed to employees.

At Calgary Workplace Investigations, we help employers manage these complex cases.

Under Alberta’s Occupational Health and Safety (OH&S) legislation, employers are specifically required to investigate reports of harassment and violence in the workplace. Human rights laws impose similar duties when discrimination is alleged. In addition, common law decisions have made it clear that employers who terminate or discipline an employee without properly investigating may face aggravated or moral damages, and even reputational damages if defamatory statements are made without proper factual foundation.

An effective investigation helps employers reach sound decisions, defend their actions if challenged, and preserve employee trust. It also provides access to important legal protections — such as qualified privilege — that can be lost if the investigation is reckless or biased.

This guide brings together our leading resources on an employer’s duty to investigate. Use the related articles below to explore the legal standards, best practices, and key cases that shape how investigations must be conducted in Alberta workplaces.

1. When the Duty to Investigate Arises

The duty to investigate can be triggered by far more than formal written complaints. It arises when an employer becomes aware — or ought reasonably to be aware — of possible misconduct, harassment, safety violations, or discrimination. Even anonymous tips or verbal concerns can trigger this obligation.

https://calgaryworkplaceinvestigations.ca/duty-to-investigate-no-complaint/duty-to-investigate-triggers

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🟢 2. Legal Foundations of the Duty

Several overlapping legal frameworks create this duty: Alberta OH&S legislation, human rights laws, and the common law duty of procedural fairness. Courts have repeatedly confirmed that a fair investigation is an essential part of an employer’s duty of good faith in employment.

 https://calgaryworkplaceinvestigations.ca/is-investigation-mandatory

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🟢 3. Consequences of Failing to Investigate

Employers who discipline or dismiss an employee without a fair investigation may face aggravated or moral damages, loss of privilege, and reputational harm. Courts have awarded significant damages where investigations were biased, incomplete, or reckless.

This may lead to a continuation of the damages being suffered by the innocent party, as discussed below.

failure-to-investigate-increases-damages

Also, in cases where the employer alleges serious misconduct to justify termination and fails to prove just cause, this may lead to awards of substantial aggravated and/or punitive damages.

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🟢 4. Best Practices for Alberta Employers

A fair, thorough, and well-documented investigation is the best way to manage risk. Employers should separate roles, interview all key witnesses, keep detailed notes, and seek legal advice early — especially when reputational issues or privilege are at stake.