As workplaces evolve, so do the expectations placed on employers to ensure a safe and respectful environment for their employees. In British Columbia, like many jurisdictions, addressing workplace harassment is not only a moral imperative but a legal obligation. Employers play a crucial role in fostering a culture of respect and inclusivity, and part of this responsibility involves promptly and thoroughly investigating any allegations of harassment in the workplace.

Employers have a general duty to investigate complaints and allegations of workplace harassment promptly and impartially. Failing to conduct a thorough investigation not only jeopardizes an employee’s well-being but can lead to legal consequences for the employer, such as potential legal action, damage to a company’s reputation, fines and penalties. Critical elements of an effective workplace investigation include:

  • Immediate Action. Upon receiving a complaint or becoming aware of potential harassment, employers should take immediate action to ensure all employees’ safety. Depending on the circumstances, interim measures may need to be applied, such as separating contact between the involved parties or providing support services.
  • Designate an Investigator. Employers should appoint a qualified and impartial investigator to lead the inquiry process. This individual is often an internal human resources professional or an external investigator with expertise in workplace harassment, such as a lawyer.
  • Thorough Investigation. The investigation should be fair, comprehensive, and conducted without bias. All relevant parties, including witnesses of the alleged harassment, should be interviewed, and any pertinent evidence should be collected and documented.
  • Maintaining confidentiality is crucial to protect the privacy of those involved in the investigation. However, employers should communicate to employees that some information may need to be disclosed to conduct a thorough investigation.
  • Employers must keep detailed records of the investigation process, including interviews, findings, notes, and any corrective actions taken. This documentation serves as evidence that the employer fulfilled their duty to investigate.
  • Communication of Findings. Once the investigation is complete, the employer should communicate the findings to the parties involved, taking care to respect confidentiality and its requirements under provincial and/or federal privacy laws such as British Columbia’s Personal Information Protection Act.
  • Implement Corrective Actions. If the investigation substantiates the harassment allegations, employers must take appropriate corrective actions. This may include disciplinary measures, additional training, or changes to workplace policies to prevent future incidents.

Employers in British Columbia must be proactive in creating a workplace free from harassment. This involves implementing preventative measures and responding promptly and effectively when allegations arise. By fulfilling their duty to investigate, employers can contribute to a healthier, more productive work environment that benefits both employees and the organization as a whole.

At Sorensen Smith LLP, we offer a variety of services relating to workplace investigations, including harassment and misconduct investigations, creating workplace policies specific to an employer’s unique needs, providing legal advice to employees who have been accused of misconduct, and representing employees who have been harassed or mistreated in the workplace. If you are an employer or an employee concerned about potential harassment, discrimination, or misconduct in your workplace, please contact our office to set up a consultation.