Procedural Fairness
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 in the Investigation – 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 on Procedural Fairness – 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 Leads to Multi-Million Dollar Wrongful Dismissal 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.
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.