Workplace Investigations

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At Field Law, we understand the sensitive nature and complexity of workplace investigations. Our team helps businesses, public sector organizations, and post-secondary institutions manage and resolve internal complaints and misconduct allegations with thoroughness, discretion, and procedural fairness. We conduct independent workplace investigations across Alberta, the Northwest Territories, and the rest of Western Canada.

Why Organizations Choose Field Law for Workplace Investigations

Experienced Labour and Employment Lawyers as Investigators 

Our employment lawyers are well-versed in the nuances of the workplace and are equipped to handle investigations into various issues from sexual harassment and workplace bullying to policy breach investigations and statutory violations. We work diligently to provide clear, actionable insights that protect both the integrity of your organization and the rights of all parties involved.

Comprehensive Legal Support

We offer guidance on all stages of the investigation process-from initial assessment and evidence gathering to interviewing witnesses and drafting detailed reports. Our goal is to ensure that your investigations are carried out fairly, efficiently, and in compliance with the Canada Labour Code and other applicable laws.

Tailored Services for Diverse Needs

Each organization faces unique challenges. Whether you are dealing with allegations of financial impropriety, academic misconduct, or systemic discrimination, our team tailors its services to meet your specific needs and circumstances, providing HR legal support that helps maintain workplace integrity.

Types of Workplace Investigations We Conduct

Our lawyers handle a wide range of complaints and allegations, including:

  • Sexual Harassment and Violence Investigations: Addressing sensitive complaints with the seriousness they deserve.
  • Hostile Work Environment: Ensuring all employees can work in a safe and respectful setting.
  • Bullying and Psychological Harassment: Tackling issues that undermine employee well-being and organizational culture.
  • Policy and Code of Conduct Violations: Guiding organizations in enforcing standards consistently and fairly.
  • Racial Harassment and Workplace Discrimination: Promoting equality and respect for all employees.
  • Abuse of Authority and Conflict of Interest: Resolving issues that can erode trust and integrity within the workplace.
  • Whistleblower Reports and Financial Impropriety: Investigating reports with confidentiality and precision to uphold ethical standards.
  • Federally Regulated Workplaces: Conducting workplace investigations while ensuring compliance with Workplace Harassment and Violence Prevention Regulations and the Canada Labour Code.
Post-Secondary Workplace Investigations 

Field Law has the largest education law practice in Alberta and conducts workplace investigations for universities, colleges, and polytechnics across the province and the North. Post-secondary investigations carry unique considerations: collective agreement obligations, academic freedom, sexual violence policies under the Post-Secondary Learning Act, dual roles where complainants or respondents are both employees and students.

Our investigators work alongside our Education and Labour + Employment teams to handle complaints involving academic staff, non-academic staff, students, and senior administration.

When to Engage an External Workplace Investigator

Employers sometimes ask whether an investigation can be handled internally. An external investigator is often the right choice when:

  • The complaint involves senior leadership, HR, or in-house counsel
  • Litigation, arbitration, or a human rights complaint is likely
  • The matter is highly sensitive (sexual violence, systemic discrimination)
  • Internal resources lack the time, training, or independence required
  • There is a real or perceived conflict of interest
  • The investigation must be seen as neutral by employees, unions, or the public
Investigations Across Western Canada and the North

From our offices in Calgary, Edmonton, Canmore, and Yellowknife, we conduct workplace investigations for clients throughout Alberta, the Northwest Territories, Nunavut, and the rest of Western Canada. We have advised federally regulated employers operating across the western provinces.

Connect With Our Workplace Investigations Team

If you are facing challenges with workplace investigations or need legal advice on handling complex employee issues, connect with us. Our team is ready to assist you in fostering a respectful and compliant workplace environment. Contact us today to discuss how we can support your specific needs.

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Faqs

  • Are Workplace Investigation Records Privileged?

    Not necessarily. Workplace investigation records are not automatically protected by solicitor-client or litigation privilege simply because a lawyer is involved in the investigation. Whether privilege applies depends on factors such as why the records were created, whether they were prepared for the dominant purpose of litigation, and whether they were necessary for obtaining or providing legal advice.

  • Are Workplace Investigations Confidential?

    Workplace investigations often involve sensitive and confidential information, but employers should not assume that investigation materials will always remain confidential. In some circumstances, records, allegations or information about complainants may need to be disclosed, particularly where an employer relies on investigation findings in subsequent legal proceedings.

    Employers should consider confidentiality, disclosure and potential privilege issues early in the investigation process.

  • Does an Employer Have to Investigate a Workplace Complaint?

    Employers should take workplace complaints seriously and determine whether an investigation is required. Complaints involving harassment, discrimination, violence or other workplace misconduct may trigger legal obligations to investigate. Simply acknowledging a complaint without taking appropriate action may expose an employer to legal and financial consequences.

  • Does an Employer Have to Share a Workplace Investigation Report With an Employee?

    Not always. Employers are generally not required to automatically provide an employee with the full workplace investigation report. However, disclosure may become necessary when the employer relies on the report to support discipline or termination.

    What must be disclosed depends on the circumstances, including the allegations, how the investigation findings are being used and what information the employee needs to meaningfully understand and respond to the case against them.

  • What Can Happen If an Employer Fails to Investigate a Workplace Complaint?

    Failing to appropriately respond to and investigate a workplace complaint can expose an employer to significant legal and financial consequences. Depending on the circumstances, an employer may face claims or damages arising from its response to the complaint. Employers should respond promptly, assess the allegations and conduct a meaningful investigation where required.

  • When Should an Employer Conduct a Workplace Investigation?

    A workplace investigation may be appropriate when an employer becomes aware of allegations involving harassment, discrimination, workplace violence, misconduct or other serious workplace concerns. The appropriate process depends on the nature of the allegations and applicable legal requirements. Complex or sensitive matters may benefit from an independent external investigator.