Workplace investigations in Canada can be complex to navigate, with few rules governing the process. While some legislation addresses investigations, there is wide leeway to implement them.

"In Ontario, we have the Occupational Health and Safety Act, which creates a duty to investigate where there are incidents of workplace harassment or violence. That creates an obligation for employers to prepare and implement some policy on how employee complaints are to be investigated," said Geoffrey Wong, a workplace investigator at Rubin Thomlinson in Toronto.

For federal entities, the Canada Labor Code applies. "The Canada Labor Code was recently amended by Bill C65, and it was revamped in everything that is related to workplace investigations and how employers in the federal sector are supposed to handle concerns of harassment and workplace violence," said Catalina Rodriguez, Employment Lawyer at Forte Law in Surrey, British Columbia, Canada.

Still, the format of the investigation is mostly left up to interpretation. "There's no prescribed procedure," said Howard Levitt, an attorney with Levitt Sheikh in Toronto. The courts have said "give the person a chance to know the case against them and give them a chance to explain. And that's it."

Workplace investigations become necessary for a variety of reasons, so it's important for companies to have policies in place. If a company has been sued, an employee makes inappropriate or racist remarks, or a company is planning to terminate...

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