Employer Disciplinary Investigations

There has been a lot of focus in the past few years on investigations of bullying and harassment complaints. However, employers are regularly required to investigate a wide range of misconduct in the workplace. In this paper, we discuss an employer’s obligations to investigate the workplace misconduct of its employees, the benefits of properly conducting the investigation, and special considerations arising in respect of unionized work environments. We also address the steps that an employer should take to prepare for an investigation, how to properly conduct an investigation, and the tests an employer must meet to defend its decision to discipline and the disciplinary penalty imposed.

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