Employment Law

Workplace Harassment Investigations: What to Expect

Made a harassment complaint, or been named in one? Ontario law requires an investigation. Here is how it should work.

Books in bookcase

Under Ontario's Occupational Health and Safety Act, employers must have a workplace harassment program and must ensure that an investigation is conducted into incidents and complaints of workplace harassment that is appropriate in the circumstances.

The short answer

A fair investigation is prompt, done by someone impartial, gives both sides a chance to respond, and is kept confidential as far as possible. The complainant and the respondent must be told the results in writing.

What a fair investigation includes

  • An impartial investigator (sometimes an outside one).
  • Interviews with the complainant, the respondent and witnesses.
  • A chance for the respondent to respond to the allegations.
  • Review of documents, messages and other evidence.
  • Confidentiality, except where disclosure is needed to investigate or take action.

After the investigation

fountain pen beside the glass

The worker who complained and the alleged harasser, if an employee, must be told in writing the results of the investigation and any corrective action taken.

Your rights

  • You can't be punished for making a complaint in good faith or taking part as a witness.
  • You can ask to bring a support person, if the employer's policy allows.

If it goes wrong

  • A complaint to the Ministry of Labour (health and safety).
  • If the harassment relates to a protected ground, the Human Rights Tribunal of Ontario.
  • If the treatment makes your job intolerable, constructive dismissal may be an issue.
Talk to NEO

Questions about your rights at work? NEO can review your situation, including unpaid wages, Ministry of Labour claims and Small Claims Court. Call 647-200-3526 or toll-free 888-519-2435, email info@neolegalservices.com, or book a free consultation.

Sources

Read next: Mental Health at Work: Your Right to Accommodation

General Ontario legal information, not legal advice for your matter, and reading it does not create a retainer. Sources checked 16 October 2026: check the current law, forms and dates before you act.

Photos from Unsplash: books in bookcase · fountain pen beside the glass.

This article is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.

Not sure where you stand? A licensed paralegal can look at your documents and tell you your options.

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Law Society of Ontario — Barreau de l'Ontario
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