- - [ ] To have your complaint taken seriously and investigated, not dismissed without any process - [ ] To be free from reprisal for making a good-faith complaint - [ ] To be interviewed…
- You report the harassment, generally in writing, describing what happened.
Once you've filed a complaint, a workplace harassment investigation can feel like it's happening to you rather than for you. Ontario law gives employees specific rights during that process, even though the investigation itself is usually run by the employer, not a court or tribunal.
Employers covered by the Occupational Health and Safety Act are generally required to investigate harassment complaints, and to do so in a way that is appropriate in the circumstances. What "appropriate" means depends on the situation, but some baseline protections apply across the board.
This article sets out what you can generally expect, and what to do if the process doesn't measure up.
What You're Generally Entitled To
- [ ] To have your complaint taken seriously and investigated, not dismissed without any process
- [ ] To be free from reprisal for making a good-faith complaint
- [ ] To be interviewed and given a reasonable opportunity to explain what happened
- [ ] To be told, in general terms, the results of the investigation and any corrective action taken
- [ ] To reasonable confidentiality — information should be shared only with those who need to know, not the whole workplace
The Investigation Process — What Usually Happens
- Intake. You report the harassment, generally in writing, describing what happened.
- Assignment. The employer designates someone to investigate, ideally someone not implicated in the complaint.
- Interviews. The investigator speaks with you, the person you complained about, and relevant witnesses.
- Findings. The investigator reaches conclusions about what happened, based on the evidence gathered.
- Outcome. The employer takes corrective action if warranted, and communicates the general outcome to you.
The exact steps, and how long each takes, vary by workplace and complexity, and the law does not set a fixed timeline for every stage. A fair process matters more than a fast one, but an investigation that drags on indefinitely, or never seems to move, can itself be a problem worth raising.
What Can Go Wrong — and What to Do
| Problem | What it might mean | What you can do |
|---|---|---|
| The investigator is close to the person you complained about | The process may not be neutral | Ask for a different investigator; document the concern |
| You're never interviewed | The investigation may be inadequate | Raise it in writing; keep a copy |
| You face changed treatment after complaining | Possible reprisal | This is itself unlawful — document it and get advice |
| No outcome is ever communicated | The process may have stalled or been abandoned | Follow up in writing; consider external options |
When to Look Beyond the Internal Process
If the internal investigation is compromised, unreasonably delayed, or simply never happens, you are not required to wait indefinitely. A complaint to the Ministry of Labour about the employer's compliance, or a Human Rights Tribunal of Ontario application if the harassment is tied to a protected ground, remain available regardless of how the internal process unfolds.
Preparing for Your Interview
- [ ] Write down your recollection of events before the interview, while it's fresh
- [ ] Bring or reference any dated notes, emails, or messages that support your account
- [ ] Stick to specific facts rather than general impressions where possible
- [ ] Ask, if it isn't explained to you, what happens after the interview and roughly what to expect next
- [ ] Follow up in writing to confirm what you told the investigator, if you have any concern about accuracy
Being organized doesn't make your account less genuine — it makes it easier for an investigator to act on what you've reported.
Frequently asked questions
Can I bring a support person to my interview?
Many employers allow this, and it's reasonable to ask, though it isn't automatically guaranteed by law in every workplace. If it's refused, note that and continue to participate as best you can.
What if the person I complained about is still my manager during the investigation?
Ask whether temporary reporting changes can be made while the investigation proceeds. If the employer refuses and you experience ongoing harm, that itself may be worth raising as a separate concern.
Do I get to see the full investigation report?
Not necessarily in full. Employers commonly share the outcome and general findings rather than the entire report, particularly where it touches on another employee's personal information.
What if I disagree with the investigation's conclusion?
You can raise your disagreement with the employer, but if you believe the process or outcome was inadequate, external routes like a Ministry of Labour complaint or a Human Rights Tribunal application remain available.
Can I be disciplined for how I acted during the situation being investigated?
Possibly, if your own conduct is also at issue — an investigation can sometimes surface concerns about more than one person involved. That's different from being disciplined simply for having made the complaint, which is unlawful reprisal.
This is a litigation question
Start a file online — flat, published fees, reviewed by a licensed Ontario lawyer before a dollar is owed.