Workplace Investigations in Ontario: When to Bring in an External Investigator

The Ontario Occupational Health and Safety Act requires that workplace harassment investigations be "appropriate in the circumstances." The phrase is deliberately flexible. In practice it means the investigation must be independent enough, rigorous enough, and documented enough to hold up if scrutinised.

When the complaint involves a senior leader. An internal HR investigator who reports up through that leader cannot credibly investigate them.

When the matter is high-stakes: termination, board involvement, regulator interest. The credibility of the process matters as much as the outcome.

When internal HR has a conflict. They were involved in the events, they manage one of the parties, or they're too close to the team.

Intake meeting with the complainant. Structured, confidential interviews with witnesses. Evidence review. A written report summarising findings of fact, on the balance of probabilities. Usually 4 to 8 weeks. Usually $7,500 to $25,000.

The investigator does not decide consequences. That's the employer's call. The investigator delivers a defensible factual record the employer can act on.

Lawyers bring privilege (when retained correctly) and legal-strategy framing. HR-credentialed investigators bring procedural rigour, workplace context, and materially lower cost. Most matters don't need the privilege. They need a clean process. For matters that do need legal counsel, a good HR investigator will tell you and bring one in.