The Legal Risks of Inadequate Workplace Investigations

Introduction

Failing to conduct proper workplace investigations can lead to significant legal liabilities. The case of Pate Estate v. Galway-Cavendish and Harvey (Township), 2013 ONCA 669, illustrates these risks.

Case Overview

Mr. Pate, a Chief Building Official, was wrongfully dismissed and subsequently faced criminal charges based on his employer's allegations. After being acquitted, he sued for wrongful dismissal and malicious prosecution, ultimately being awarded substantial damages. 

Best Practices

  • Ensure Fairness: Conduct unbiased investigations before making termination decisions.

  • Avoid Malicious Actions: Do not pursue unfounded allegations against employees.

  • Seek Legal Counsel: Consult with legal professionals when handling complex investigations.

Protect your organization from legal pitfalls. Engage LJ Investigations for comprehensive and impartial workplace investigations.

Lauren JonesComment