You’ve got a workplace harassment complaint under the Occupational Health and Safety Act (OHSA). You’re ready to deploy your well-oiled HR investigation machine—timely, objective, confidential. Then, the inevitable happens: lawyers get involved.
It’s like inviting a meticulous, high-paid theatre critic to a corporate puppet show. Things are about to get serious, expensive, and a whole lot less chummy. For HR professionals, this is where the rubber meets the road—and often skids a bit.
- The Vibe Change: From HR Fact-Finding to Legal Cross-Examination
When a lawyer enters the chat (on behalf of the complainant or the respondent), the investigation immediately shifts. It’s no longer just about establishing the facts and maintaining a safe workplace; it’s about establishing legal liability and protecting future interests.
- Your Neutral Investigator vs. Their Gladiator: If your internal investigator is handling the file, their neutrality will be immediately scrutinized. The opposing counsel’s job is to poke holes in the process. Your investigator, who may just be trying to be fair, can suddenly feel like they’re being deposed.
- The Documentation: Everything you write is now evidence. That casual email you sent? The hastily typed interview notes? They could be Exhibit A. The witty quip you almost wrote in the investigation report? Don’t. Just don’t. Be meticulous, be boring, and be bulletproof. 🛡️
- Procedural Fairness on Steroids: The lawyer will hold your process up to the highest standard of procedural fairness. This means absolute impartiality, full disclosure of allegations to the respondent, and a robust opportunity for both sides to present their case. Any slip-up, no matter how small, is leverage.
- The Budgetary Black Hole: Cha-Ching!
Lawyers don’t work for smiles and good employee relations. They work for a fee that makes your annual training budget look like pocket change.
- External Investigators: If the complaint is complex, involves senior leadership, or your internal process is challenged, the Ministry of Labour (MOL) can order you to hire an independent, third-party investigator—often a specialized employment lawyer. This ensures impartiality but comes with a hefty invoice.
- Delay is Costly: Lawyers love to write letters. Each letter demanding more information, challenging the process, or requesting an extension adds billable hours—yours and theirs. The goal is no longer a “timely” investigation but a perfectly defensible one, and perfection takes time (and money).
- HR’s No-Nonsense Playbook for Lawyer Involvement
While the temperature rises, HR’s role remains the same: comply with OHSA and conduct an investigation appropriate in the circumstances. Don’t panic. Get smart.
| HR Action Point | Witty/Direct Takeaway |
|---|---|
| Get Your Own Counsel | “Don’t go into a sword fight armed with only a butter knife.” Consult your company’s employment counsel immediately. They can act as a shield and a guide. |
| Maintain Control of the Process | “This is our kitchen. You can advise on the recipe, but you don’t do the cooking.” Lawyers advise; you, the employer, conduct the investigation. Do not hand the reins over unless required. |
| Stick to the Policy | “The policy is your bible, your shield, and your safety net.” Follow your OHSA workplace harassment policy to the letter. This is your best defence against procedural challenges. |
| Interviews: Focus on Facts | “Keep the witness focused. This isn’t a performance; it’s a deposition prep session.” Ensure your interviews remain focused on direct facts relevant to the policy breach, not emotional or extraneous details. |
| Don’t Offer Legal Opinions | “Your name isn’t on a bar licence, so don’t act like it is.” HR discusses policy breaches and outcomes. Leave the legal analysis and case law references to the actual lawyers. |
The Final Verdict for HR
Lawyer involvement in an OHSA harassment investigation is a signal to level up. It means the stakes are high, and future litigation is a real possibility. It slows things down, complicates communication, and drives costs up.
However, a lawyer’s presence is also a brutal, necessary education for your HR team. It forces you to be flawless in your procedure, ensuring that when the dust settles, you have a defensible process that meets your legal duty to maintain a safe and harassment-free workplace.
So, when the legal letters start flying, just remember: Keep your process objective, keep your notes impeccable, and keep your company counsel on speed dial. Welcome to the major leagues!