Rachel Goldenberg and Jennifer Philpott hosted an interactive, in-person workshop at the Living Arts Centre in Mississauga, focused on training clients to conduct internal workplace investigations in line with the Occupational Health and Safety Act. The full-day session was designed to support employers and HR consultants in managing workplace harassment complaints which is a growing concern in many organizations. Participants learned key skills such as conducting interviews, assessing credibility, and preparing investigation reports, helping reduce the need for external investigators in appropriate cases.

Here are the key takeaways from the seminar:

Duty to Investigate

• Employers must investigate workplace harassment under OHSA s. 32.0.7.

• Investigations must be timely, fair, and confidential.

• Not all conflict is harassment (e.g., supervision, discipline).

 Setting Up

• Choose an unbiased investigator (internal or external).

• Plan interviews: Complainant → Respondent → Witnesses.

• Provide written notice and explain confidentiality.

 Interview Tips

• Prepare questions in advance.

• Use open-ended questions.

• Respondents must be given all allegations.

• Witnesses are interviewed based on relevance.

 Findings & Credibility

• Make findings on each allegation.

• Use the Faryna v. Chorny test: which version is most reasonable?

• Assess clarity, consistency, and motives.

Reporting & Action

• Reports go to the employer; parties get a summary.

• Be mindful of bias.

• Take appropriate action if the complaint is upheld or made in bad faith.