Calendar·Human Resources·Investigations And Discipline
When to Investigate: Triggers and Thresholds
FACULTY OF HUMAN RESOURCESInvestigations And Discipline • ~50 min

How Canadian employers decide when a workplace situation requires a formal investigation — the statutory obligation to investigate harassment, threshold decisions, and the consequences of delayed or absent investigation.

When to Investigate: Triggers and Thresholds

Price
$149
Lessons
6
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What this course covers

01What Workplace Situations Require a Formal Investigation in Canada
02The Statutory Obligation to Investigate Harassment and Violence
03Threshold Decisions: When a Conversation Becomes a Formal Investigation
04Delay and Inaction: The Legal Consequences of Not Investigating
05Triage: How to Assess the Appropriate Level of Response
06Preserving Evidence Before the Investigation Begins

Scenario

A mid-sized construction company with approximately 180 employees operating across 3 regional offices in Alberta had maintained a generally positive workplace culture for over a decade under consistent senior leadership. The company's human resources function was managed by a single HR manager supported by 1 administrative coordinator, a structure that had proven adequate during years of steady operations but was about to face its most significant test.

The situation began when the HR manager received 3 separate communications within a 9-day period, each raising concerns that overlapped in troubling ways. The first was an email from a project coordinator alleging that a site supervisor had made repeated sexually suggestive comments during a recent multi-week assignment at a remote location. The second was a verbal disclosure from an equipment operator to his direct supervisor, passed along informally over a weekend phone call, describing what he characterized as bullying behaviour from the same site supervisor toward several crew members. The third was an anonymous note left in the suggestion box at the company's main office, alleging that the site supervisor had physically shoved a worker during a dispute over scheduling, and that the worker had subsequently left the job site and not returned.

The HR manager discovered that the worker referenced in the anonymous note had indeed stopped reporting to work 11 days earlier. Payroll records showed no formal resignation. The worker's emergency contact had not been updated in 4 years. The site supervisor, when asked casually by his manager about crew dynamics, had described the departed worker as unreliable and suggested the departure was unrelated to any workplace incident.

Meanwhile, digital communications presented their own complications. The project coordinator's email referenced text messages exchanged over a period of 2 months, but the company had no policy requiring preservation of personal device communications. The remote site had limited cellular coverage, and workers routinely used a shared company tablet for scheduling and informal communication. That tablet was about to be returned to the equipment supplier as part of a lease expiry in 6 days.

The HR manager faced immediate decisions about how to categorize each complaint, whether the complaints should be treated as a single matter or separately, what level of response each required, and what steps had to be taken before any formal process could even begin. The company had a workplace harassment policy adopted 7 years earlier, but it had never been applied to a situation involving multiple complaints, potential physical contact, and an employee who had apparently departed without formal notice. No investigator had ever been retained by the company for any employment matter.

More in this program

Conducting a Fair Workplace Investigation
~85 min · $249
Investigation Reports: What to Include and What to Exclude
~50 min · $149
Progressive Discipline: Structure, Documentation, and Consistency
~85 min · $249

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