Practical Analysis

How Long Should a Workplace Investigation Take? The Calendar Isn't the Only Risk

There isn't one national investigation deadline for Canadian employers. The practical challenge is keeping the work prompt, fair and defensible without confusing speed with thoroughness.

The complaint arrived on Monday, and by Thursday someone wants to know when the investigation will be finished. It's a reasonable question, although it can be difficult to answer. The people involved may be working beside one another, an employee may be away from work, and management wants the uncertainty to end. HR is responsible for finding a process that doesn't drag on unnecessarily but also doesn't hurry past the evidence it needs to examine. There isn't a single national deadline that applies to every workplace investigation in Canada. The nature of the complaint, the governing employment and safety legislation, any collective agreement, and the employer's own procedures all matter. A dispute about one identifiable incident may be investigated quickly if the relevant evidence is available. A series of allegations involving multiple locations, years of messages and several witnesses takes a different kind of planning. In either case, leaving people without a meaningful update while the file sits on somebody's desk is difficult to justify as good administration. Ontario offers a useful example of the difference between legislation and guidance.

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