ARTICLE
4 September 2025

Navigating Procedural Fairness In Workplace Investigations: Key Considerations For Employers

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Soloway Wright

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Procedural fairness is the cornerstone of an effective workplace investigation.
Canada Employment and HR
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Procedural fairness is the cornerstone of an effective workplace investigation. When a workplace investigation takes place, employers are responsible for ensuring that the investigation is carried out thoroughly and in accordance with the principles of procedural fairness.

While no investigative process is ever perfect, employers are required to meet certain obligations and standards when conducting workplace investigations. These obligations are designed to ensure that the investigation is conducted fairly, safeguarding the rights of all parties involved. Failure to uphold procedural fairness can diminish the legitimacy of the investigation, leading to serious liability and legal repercussions for an employer.

The Fundamental Principles of Procedural Fairness

The specific requirements of procedural fairness differ according to the nature of the investigation, however, there are some core principles which have been developed at common law that should be kept in mind when conducting a workplace investigation, including:

Failing to Uphold Procedural Fairness

While these requirements provide the foundation for procedural fairness, applying them in practice is not always straightforward. Each investigation is unique, and employers must exercise careful judgment when selecting investigators and conducting the investigation to ensure procedural fairness for all parties.

If the employer fails to conduct a fair and thorough investigation, there may be grounds for legal action that are separate and apart from the incidents underlying the original complaint. Courts have awarded substantial damages in cases where employers failed to uphold procedural fairness resulting in flawed investigations which in turn can lead to flawed conclusions.

If you need guidance navigating the workplace investigation process, the Workplace Investigations team at Soloway Wright LLP can assist in conducting fair, timely, and legally defensible investigations.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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