Investigations

Both the alleged harasser and the complainant should be provided with information about who will investigate and how the investigation will be conducted. This might be in the workplace’s Harassment Prevention Policy or be part of the form used for complaints.

An investigation can be conducted by...

• The employer or someone else in the workplace appointed by the employer
• Independent third party
• Occupational Health and Safety

Both the complainant and the alleged harasser have certain rights when there is an investigation into a harassment complaint.

Right to have information kept in confidence.

This includes the complainant’s name, the name of the alleged harasser, and the circumstances of the complaint. An employer cannot disclose this information except where it is necessary during the investigation or for the purpose of taking corrective action to address the complaint. It is important to note that the alleged harasser is usually entitled to receive a copy of the complaint as part of an investigation and must receive enough information about the complaint to be able to answer the allegations against them. Information may also be disclosed where it is required by law.

Right to be informed.

Both the complainant and the alleged harasser must be informed about the process and their rights.

Right to a fair and unbiased investigation.

The workplace's Harassment Prevention Policy should provide information about measures that are in place to ensure that the investigation process is fair and unbiased. Both parties must have an opportunity to tell their side of the story to an impartial person – a neutral party that doesn’t have close ties to the parties or witnesses or a stake in the outcome of the investigation.

This also means making sure that evidence gathered is credible. Practices such as only allowing witnesses to speak about what they personally saw or heard, and interviewing witnesses separately can help to ensure this. Whether a witness might favour one party over the other must also be considered in determining the weight to give to their statements. Witness intimidation must also be considered. Witnesses should be assured that their statements will not be shared with either the complainant or the alleged harasser except as required by law, or to the extent necessary (e.g., a summary) to allow the alleged harasser to make a full defence.

Right to receive information on the progress of the investigation.

There is no set time limit for an investigation to be completed. This can vary based on how complex the situation is and how many people are part of the investigation. However both parties should receive regular updates on the progress of the investigation.

Right to be represented.

Workers do not need to be represented during an investigation, but they have the right to have a representative. This can be a lawyer or a union representative. If a party chooses to have a lawyer, they will be responsible for paying the lawyer.

Right to a timely investigation.

The time it takes for an investigation to take place will vary depending on things like the complexity of the complaint, the number of witnesses to be interviewed, the availability of the parties, and whether the investigation will be conducted internally or through an external third party. With that in mind, investigations should not involve any unnecessary delay.