The interview with the complainant represents the foundational evidence-gathering moment in any workplace investigation. This is the point at which the investigator receives the full narrative of alleged misconduct, establishes the factual parameters of the inquiry, and begins to assess the credibility of the account being offered. The manner in which this interview is conducted shapes everything that follows: the questions posed to the respondent, the witnesses identified for subsequent interviews, the documents requested, and ultimately the findings that emerge. A poorly conducted complainant interview can compromise an otherwise sound investigation, while a skilled interview establishes the evidentiary framework necessary for fair and defensible conclusions.
The legal foundation for complainant interviews derives from the broader duty of employers to investigate workplace complaints. Across Canadian jurisdictions, this duty emerges from multiple legislative sources operating in concert. The Occupational Health and Safety Act in Ontario, the Workers Compensation Act in British Columbia, the Occupational Health and Safety Act in Alberta, and equivalent legislation in Saskatchewan and other provinces impose obligations on employers to maintain safe workplaces and to investigate incidents that compromise worker safety. Human rights legislation at both the federal level through the Canadian Human Rights Act and provincially through statutes such as the British Columbia Human Rights Code, the Alberta Human Rights Act, the Saskatchewan Human Rights Code, and the Ontario Human Rights Code create duties to address discrimination and harassment. Quebec's Charter of Human Rights and Freedoms, which holds quasi-constitutional status within that province, imposes particularly robust obligations regarding the protection of dignity and the right to fair treatment in employment. The Canada Labour Code governs federally regulated workplaces including banks, telecommunications companies, interprovincial transportation, and federal Crown corporations, establishing its own framework for harassment prevention and investigation under Part II as of the date of authorship.