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Human Rights and the Need to Conduct a Workplace Investigation

Human Rights Workplace Investigations in Alberta

Alberta employers must respond promptly and reasonably when they become aware of workplace concerns involving discrimination, harassment, reprisal, or a request for accommodation under the Alberta Human Rights Act.

A human rights issue may arise from a formal complaint, an informal report, a request for accommodation, workplace observations, or information suggesting that an employee has been treated adversely because of a protected ground. In many cases, the employer cannot respond properly without first conducting a fair inquiry into the facts.

A useful example is Yaschuk v Emerson Electric Canada Limited. In this case, a female employee experienced workplace sexual harassment and reported her concerns to Human Resources. The Tribunal found that the employer’s response was inadequate, including its failure to interview key witnesses and preserve important evidence such as emails and other documents. The Tribunal awarded $50,000 in general damages, reflecting the seriousness of the harassment and the impact of the employer’s mishandling of the complaint.

📌 Further reading:
See David’s LinkedIn commentary,
The Duty to Investigate — An Independent Remedy.

Duty to Accommodate

Human rights issues also arise in the context of accommodation, particularly where an employee has a physical or mental disability. In accommodation cases, the employer must make a reasonable inquiry into the employee’s limitations, restrictions, and accommodation needs. The process should be fair, neutral, and properly documented.

The decision in Wagar v His Majesty the King in Right of Alberta illustrates the other side of the accommodation process. In that case, the employer was able to show that it had engaged in the accommodation process, while the employee failed to cooperate. The complaint was dismissed. The case is a useful reminder that accommodation is a shared process: the employer must make reasonable efforts, but the employee must also participate and provide necessary information.

An employer should not wait for a formal human rights complaint before acting. If the employer is aware, or ought reasonably to be aware, of facts suggesting discrimination, harassment, reprisal, or an accommodation issue, it should take reasonable steps to investigate or inquire into the matter.

Early Dismissal of a Human Rights Complaint Following an Investigation

A prompt and fair investigation may also help resolve the issue before a complaint is filed with the Alberta Human Rights Commission. Where a complaint is later filed, a well-documented investigation may assist the employer in responding to the complaint and, in appropriate cases, seeking early dismissal where the evidence shows that the complaint has no reasonable prospect of success.

Damage Awards

Human rights damages may be significant where discrimination, harassment, or a failure to accommodate has been proven. A flawed or dismissive employer response may also aggravate the impact of the original conduct and increase the risk of a substantial award.