How to run a workplace investigation
A complaint of harassment or misconduct puts you on the clock. A fair, prompt investigation protects the people involved and the business, and in Ontario it is a legal requirement for harassment complaints.
Step by step
Take the complaint seriously
Thank the person, get the basics in writing and explain what happens next. Do not promise total confidentiality; promise discretion.
Decide on interim measures
Separate schedules, change reporting lines or place someone on paid leave if needed for safety. Interim steps are not discipline.
Choose the investigator
Someone impartial with no reporting line to the people involved. For senior people or complex cases, use an external investigator.
Plan the investigation
Allegations to test, witnesses, documents and messages to collect, timeline.
Interview
Complainant, respondent and witnesses. Give the respondent the details of each allegation and a fair chance to answer.
Weigh the evidence
Findings are made on a balance of probabilities: is it more likely than not that it happened?
Report and act
Write findings and reasons. Decide on corrective action separately from the findings.
Tell the parties the outcome
In Ontario, the complainant and the alleged harasser must be told the results in writing, along with any corrective action taken.
Mistakes that cause trouble later
Waiting
Delays let evidence disappear and make the complaint look ignored.
A manager investigating their own team
Even a fair result looks biased.
Deciding first, investigating second
Leading questions and skipped witnesses are easy to spot in a legal review.
Poor notes
Interview notes should be close to word-for-word, dated and confirmed by the person interviewed where possible.
Retaliation
Any negative treatment of the complainant or witnesses after the complaint creates a new problem.
Common questions
When should I use an external investigator?
When the respondent is senior, the allegations are serious, there may be legal action, or no one inside is truly impartial.
How long should an investigation take?
Ontario's Code of Practice says investigations should be completed within 90 days unless there are extenuating circumstances.
Can you run an investigation for us?
Yes. Investigations are available as an HR consulting project and included in the Fractional HR Lead plan.
Hiring, or stuck on an HR question?
Tell us what you need. We reply by email to set up a short free call, and send a written agreement before any work starts.