conflict resolution
Outside Perspective
WHAT IS A “WORKPLACE INVESTIGATOR” AND WHY DO YOU NEED ONE?
A workplace investigator is an individual who conducts
an impartial, timely and neutral investigation into com-plaints
made at or with respect to a workplace or issues
which have arisen in the workplace. It is important to
note that an investigation may be required for after hours interac-tions
between employees or an employee and non-employee where
an issue has arisen or a complaint is made. The investigator can
either be internal to the company or an external third party hired
by the company to investigate the complaint or issue. However,
it is important to note that in Ontario, workplace investigations
can only be undertaken by 1) licensed attorneys carrying on the
practice of law; 2) licensed private investigators under the Private
Security and Investigative Services Act, 2005, SO 2005, c 34; or 3)
internal company personnel tasked with the investigation.
The issues which may be the basis for a complaint and related
investigation include: workplace harassment, sexual harassment,
workplace violence, discrimination based on a protected ground
(race, ancestry, place of origin, colour, ethnic origin, citizenship,
creed, sex, sexual orientation, gender identity, gender expression,
age, record of offences, marital status, family status or disability)
under the Ontario Human Rights Code, RSO 1990, c H.19, fail-ure
to accommodate, a breach of a company policy (i.e. misuse of
company property, theft, fraud, improper payments/gifts – such
as kickbacks or bribes – breach of anti-trust policies, conflicts of
By Peter V. Matukas
andreypopov / 123RF
HRPROFESSIONALNOW.CA ❚ NOVEMBER 2018 ❚ 41
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