When Do I Start a Workplace Harassment Investigation?

Workplace harassment can happen in any organization. All companies should be prepared to handle a harassment investigation should one occur. How you manage it needs to be well-defined in a Workplace Harassment Policy Guide. 

A common question I’ve been asked in my years of experience working in HR outsourcing management is about when to start and how to investigate and manage workplace harassment investigations. We’ll talk about this process here. 

In this blog, we’ll answer:

• When do I start a harassment investigation? Now or later?
• How do you investigate workplace harassment? A 12-step process
• What are things not say in a workplace investigation? 
• What is the standard of proof for a workplace investigation? 
• What questions are asked to investigate harassment?

When do I start a harassment investigation? Now or later?

A workplace harassment investigation should begin as soon as the employer becomes aware of a complaint or potential incident. Avoid waiting weeks later, and not after seeing if things calm down. 

Under Canadian law, particularly provincial occupational health and safety legislation (such as Ontario’s OHSA), employers have a positive duty to act once they are aware of potential harassment: 

“It would be reasonable to complete the investigation as soon as possible within 90 days or less unless there are compelling reasons why a longer investigation is needed (e.g. there are multiple witnesses, a key witness is unavailable due to illness, etc.).”

Delaying can expose the organization to legal, regulatory, and reputational risk. This is even if the complaint later turns out to be unsubstantiated.

How do you investigate workplace harassment? A 12-step process

1. Receive and acknowledge the complaint: Confirm receipt promptly and explain the investigation process.
   
   
2. Conduct a preliminary assessment: Determine whether the complaint falls under harassment policies and applicable legislation.
   
   
3. Implement interim measures (if needed): Take non-disciplinary steps to protect the parties and prevent further issues.
   
   
4. Appoint an impartial investigator: Select a trained, unbiased internal or external investigator.
   
   
5. Create an investigation plan: Define allegations, witnesses, evidence, scope, and timelines.
   
   
6. Interview the complainant: Gather detailed information, context, witnesses, and supporting evidence.
   
   
7. Interview the respondent: Provide full details of the allegations and allow a fair response.
   
   
8. Interview witnesses: Collect independent, factual accounts from relevant individuals.
   
   
9. Review and assess evidence: Analyze all information using the balance of probabilities standard.
   
   
10. Make findings and conclusions: Determine whether the allegations are substantiated, unsubstantiated, or inconclusive.
    
    
11. Prepare the investigation report: Document the process, evidence, findings, and rationale.
    
    
12. Communicate the outcome and take corrective action: Inform the parties of results while maintaining confidentiality. Apply appropriate measures, prevent retaliation, and address workplace issues.

What are things NOT to say in a workplace investigation? 

What you say matters as much as what you do. Inappropriate comments can undermine fairness, expose the organization to legal risk, and damage trust in the process. Below are key things not to say at any stage of a workplace investigation.



Don’t make any pre-judgements or assumptions:  “I don’t think this was harassment,” “I believe you,” or “I believe them.”

Don’t minimize or dismiss the complaint: “Are you sure you’re not overreacting?”

Don’t threaten or discourage participation: “This could hurt your career,” or “Are you sure you want to proceed?”

Don’t offer legal opinions: “This isn’t illegal,” or “You don’t have a strong case.”

Do not promise specific outcomes or discipline: “We’ll make sure this never happens again,” or “You’ll get an apology.”

Do not blame the complainant: “Why didn’t you report this sooner?” or “What did you do to provoke it?”

What is the standard of proof for a workplace investigation? 

In Canada, the standard of proof is based on the principle of balance of probabilities.

The balance of probabilities means determining whether it is more likely than not that the alleged conduct occurred. In practical terms, this is often described as greater than a 50% likelihood.

The investigator must decide which version of events is more probable after reviewing all available evidence. This means employers do not need to prove harassment beyond a reasonable doubt to take workplace action.

What questions are asked to investigate harassment?

The questions you ask during the investigation will play a key role in determining the outcome. The type of questions you ask is dependent on who you are speaking with: the complainant, the accused, or the witnesses. 

A checklist of questions to ask the complainant

• Can you describe what happened in your own words?
• When did the incident(s) occur? Were there multiple occurrences?
• Where did the behaviour take place?
• Who was involved?
• What specifically was said or done?
• Did you tell the person the behaviour was unwelcome?
• Were there any witnesses? If so, who?
• Do you have any documents, messages, emails, or other evidence?
• Have you reported this before? If yes, to whom and when?
  
• What outcome are you hoping for from this process?

A checklist of questions to ask the accused

• Are you aware of the concerns that have been raised?
• What is your recollection of the events?
• Were there any interactions between you and the complainant around this time?
• Did you say or do what is alleged? If not, what differs in your account?
• Were there any witnesses present?
• Is there any relevant background or context we should be aware of?
• Have there been prior conflicts or misunderstandings with the complainant?
• Is there anything else you believe is important for the investigation?

A checklist of questions to ask witnesses

• What is your role and relationship to the parties involved?
• What did you personally see or hear?
• When and where did this occur?
• How did the individuals involved behave?
• Did you observe any reactions or responses?
• Have you observed similar behaviour before?
• Did anyone speak to you about the incident afterward?

A final word about workplace harassment investigations

Workplace harassment investigations are never easy, but they are a critical responsibility for every Canadian employer. When handled promptly, fairly, and in accordance with a well-defined Workplace Harassment Policy, investigations protect employees, reinforce trust, and significantly reduce legal and reputational risk. 

By acting quickly, following a structured investigation process, applying the correct standard of proof, and asking neutral, fact-based questions, employers demonstrate their commitment to a safe and respectful workplace. 

AugmentHR has extensive experience working with client companies that face the difficult and sensitive issue of a formal harassment complaint. Learn about our Investigation Services.

Author Shelley Brown, CHRE, FHRPA is a HR veteran and lead trainer of many of AugmentHR’s training programs. Shelley was granted the Human Resources Professional Association Fellow Award in recognition of her 30 year career both leading functions in multi-nationals and coaching businesses as a sought-after HR consultant.

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