It's Monday morning. An employee sends an email describing harassment from a coworker. Your HR manager flags it. Now what?
Most Ontario employers freeze. They're unsure whether they're legally required to investigate, what "proper" investigation looks like, or what happens if they don't move fast enough. The silence costs them—because the Occupational Health and Safety Act (OHSA) isn't ambiguous. The law mandates an investigation. And the penalties for ignoring it are severe.
The Legal Trigger: Your Obligation to Investigate
Ontario's OHSA Section 32.0.7 imposes a non-negotiable duty on employers: You must investigate any complaint or awareness of workplace harassment or violence. This isn't a suggestion. It's a legal requirement.
If you're unsure whether you're legally required to investigate, we've detailed the decision framework in our guide Am I Legally Required to Investigate? Learn more about the complete investigation landscape in our Complete Guide to Workplace Investigations in Ontario.
Bill 168, passed in 2010, first added workplace violence and harassment to OHSA. The legislation recognized that harassment and violence aren't just HR problems—they're occupational health and safety issues. Employers have the same duty to protect workers from harassment as they do from physical hazards.
Bill 132, enacted in 2016, tightened the screws further. It expanded the definition of harassment to include sexually explicit comments, gestures, or conduct. It also clarified that employers must investigate not just formal complaints, but any workplace incident or report of harassment or violence that comes to management's attention.
Here's what triggers your obligation: A written complaint. A verbal report to management. A note in a performance review. A conversation overheard by a supervisor. A pattern you notice in attendance or behavior. The threshold for "awareness" is deliberately low—the law wants employers proactive, not defensive.
What "Appropriate and Timely" Actually Means
The OHSA requires an investigation that is "appropriate and timely." Ontario's Ministry of Labour (MOL) and Tribunal decisions have defined these terms through precedent and guidance.
Appropriate means: impartial, thorough, and documented. You can't investigate your CEO's conduct with a casual conversation and a handshake. You need structure, neutrality, and a record.
Timely has no fixed statutory deadline—but that's the problem. MOL inspectors and the Ontario Labour Relations Board operate with practical expectations. Acknowledgment within 24 hours is baseline. An investigator should be engaged within one week. Investigation completion typically takes 2 to 6 weeks, depending on complexity.
Delay beyond that invites scrutiny. If six months pass before you interview the respondent, the MOL will question whether you took the complaint seriously. Worse, if the complainant files a constructive dismissal claim or Human Rights complaint while your investigation drags, you're fighting a multi-front battle.
The Anatomy of a Proper Investigation
The law doesn't prescribe a one-size-fits-all process—but inspection history and case law reveal what regulators expect. For a detailed walkthrough of investigation procedures, see our Workplace Investigation Process Guide for Ontario.
Impartial investigator. This can be internal (dedicated HR staff with no prior relationship to either party) or external (independent lawyer or investigator). If your HR manager supervised the respondent or considers the complainant a friend, you've created a bias problem before you've started.
Both parties interviewed. The complainant describes what happened, when, where, and who witnessed it. The respondent has a chance to respond—to deny, explain, or provide context. Denying the respondent an interview creates procedural unfairness and weakens your findings if they're later challenged.
Relevant witnesses interviewed. Anyone who saw or heard the alleged conduct, or who can speak to context (workplace culture, prior complaints about the respondent, etc.), should be questioned. Document what they say and note if they refuse to participate.
Documentary evidence reviewed. Emails, messages, schedule records, performance reviews, prior complaints—anything relevant to the allegation. If the respondent has a history of similar complaints, that's admissible and important.
Written report with findings. A summary of what you investigated, who you spoke to, what evidence you reviewed, and your conclusion: Did the harassment occur? Partially? Was it reasonably perceived as harassment even if unintentional? The report doesn't need to be fifty pages, but it must be detailed enough to support your conclusion.
Notification to both parties. You must inform the complainant and respondent of the outcome. Ontario courts have repeatedly ruled that silence breaches the employer's duty. The complainant needs to know their complaint was taken seriously and what will happen next.
Timelines That Protect You
Here's a practical framework that aligns with MOL expectations:
- Day 1: Receive complaint. Document it in writing (date, time, parties, summary).
- Within 24 hours: Acknowledge receipt to the complainant. Confirm an investigation will occur.
- Within 1 week: Engage an investigator (internal or external) and notify both parties.
- Weeks 2–4: Conduct interviews. Gather evidence. Review documentation.
- Week 5–6: Investigator drafts report. You review for legal sufficiency.
- Week 7: Communicate findings in writing to both parties.
This timeline assumes moderate complexity. A simple allegation might resolve in 2 weeks. A complicated case involving multiple witnesses and senior management might take 8 weeks—and that's acceptable if you're moving diligently. The key: no extended silences.
When to Hire an External Investigator
Not every complaint requires external counsel—but some situations demand it. To learn how to choose the right investigator for your situation, consult our guide How to Choose a Workplace Investigator in Ontario. We also address Code of Conduct Investigations which follow similar principles but with different legal frameworks.
Bring in an external investigator if:
- Internal HR has a relationship with either party. If your HR director is friends with the respondent or reports to them, impartiality is compromised.
- The complaint involves senior leadership. Investigating your VP for harassment isn't a task for mid-level HR. The board and external counsel should oversee it.
- Your organization lacks investigation experience. If you're a 20-person company and this is your first harassment investigation, external expertise protects you legally.
- Impartiality perception is critical. In unionized environments or when the complainant is skeptical, an independent investigator sends a clear signal: this will be fair.
External investigators cost $3,000 to $8,000 for a straightforward case, often more for complex matters. That's an investment, not a cost—because a flawed internal investigation can expose you to human rights complaints, constructive dismissal claims, and MOL orders.
What Happens If You Don't Investigate
Failing to investigate isn't just a regulatory oversight. It's a trigger for cascading legal liability.
MOL Orders. An inspector's visit (triggered by a complaint to the Ministry) will result in a written order to conduct an investigation if you haven't already. If you ignore the order, you face escalated enforcement.
Fines and Director Liability. Conviction under OHSA for failing to investigate can result in fines up to $100,000 for individuals and $1.5 million for corporations. Directors and officers can be held personally liable if they knew or should have known about the breach.
Constructive Dismissal Claims. If the complainant's work environment deteriorates after reporting harassment and you haven't investigated, they may argue you've constructively dismissed them. Damages awards range from $20,000 to $100,000+ depending on tenure and impact.
Human Rights Tribunal Proceedings. The complainant can file with the Human Rights Tribunal, alleging discrimination (harassment based on a protected ground like race, gender, or disability). Tribunal orders include compensation and systemic remedies.
Workplace Injury Claims. If the harassment causes documented stress or mental health injury, the complainant may file a workplace accident claim with the Ministry of Labour or pursue a civil suit for negligence.
Each path is expensive. An investigation costs thousands. Litigation and human rights complaints cost tens of thousands.
The Practical Reality
Here's what I've seen across fifteen years of HR consulting: The employers who survive harassment complaints aren't those with perfect investigations. They're the ones who show their work—who document that they took the complaint seriously, moved promptly, and followed a fair process.
An investigation doesn't have to be flawless to be compliant. It has to be genuine: impartial, timely, and thorough enough to answer the core question: Did the alleged conduct occur?
If you're unsure whether your situation triggers an investigation obligation, or if you've received a complaint and want guidance on next steps, let's talk. We assess your situation in a single confidential conversation—no charge, no pressure. You'll leave knowing exactly what the law requires and what your options are.
Learn about our workplace investigation services or book a 30-minute call — let's make sure you get this right.
This post is educational and reflects Ontario law at time of publication. It's not legal advice. If you're facing an active investigation or legal dispute, consult with an employment lawyer in your jurisdiction.