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Why workplace investigations must be neutral, give employee chance to respond

Monday, March 13, 2017 @ 9:21 AM | By Monty Verlint and Jordan Waltman

As a result of legislative developments under Ontario’s Bill 132 and the employer’s duty to maintain a harassment-free workplace, workplace investigations have taken on great importance. In particular, two recent court cases highlight the importance of conducting a proper investigation and the risks of getting them wrong.

In Joshi v. National Bank of Canada 2016 ONSC 3510, the Ontario Superior Court of Justice concluded that a failure to provide an employee with an opportunity to respond to allegations made against him could amount to a breach of the...