Workplace investigations have become increasingly common and formalized in the last 10 years. However, the procedure for these investigations is still not standardized, and often the investigations themselves can become part of an ongoing problem.
This was illustrated in the recent case of Qi v. Canada (Attorney General), 2025 FC 1783, which involved a CRA employee who made allegations of harassment against two other employees, which included unfair evaluation, offensive comments, poisoned work environment, and threats.
The CRA appointed an investigator, who interviewed the complainant, the two respondents, and one witness. However, the complainant was not given a chance to review or reply to the evidence given by the other parties before the final report was delivered, which dismissed all but one of her allegations.
The complaint sought a judicial review from the Federal Court, which ruled that she had been denied procedural fairness and ordered the CRA to re-conduct the investigation properly.
Do Employees Have the Right to Respond to Evidence?
While the employee was successful in this case, it was only due to the fact that as a public sector employee she had a specific right to procedural fairness in the investigation. For most employees, there is no specific procedure or rule to govern how workplace investigations must be conducted.
Instead, the courts have established very broad guidelines for such investigations, which include the obligation to put allegations of wrongdoing to the accused employee and allow them to give their side of the story before reaching a conclusion.
However, if an investigation leads to a termination, and the employee later sues for wrongful dismissal, then the procedural fairness of the investigation is secondary to whether the employer can or cannot prove that it had just cause for dismissal. The investigation’s flaws or strengths only speak to whether the employer acted in good faith in reaching its decision.
How can Whitten and Lublin Help?
Workplace investigations are quite common and can vary significantly given the lack of standardization in the requirements. If you are an employee facing an investigation, either as a complainant or respondent, Whitten and Lublin is here to assist you. Contact us online or by phone at (416) 640-2667.
