Workplace Investigations

Workplace Investigations

All Harris + Harris LLP workplace investigations are conducted in an impartial, timely and thorough manner. Procedural fairness and integrity are maintained throughout the workplace investigation in order to ensure it remains neutral and impartial and able to withstand legal review and scrutiny. Investigative conclusions are drawn from the facts gathered and applied through the workplace investigator’s legal lens.
Harris + Harris LLP’s workplace investigation group is led by experienced employment lawyer and workplace investigator Peter V. Matukas. Peter has been practicing employment law for over 10 years and brings considerable legal experience to workplace investigations. Harris + Harris LLP’s workplace investigators are professional fact-finders whose specialized workplace investigation and legal training guide their workplace investigations and provides extensive insight into any workplace investigation. In addition to being a licensed solicitor in good standing, Peter is an Association of Workplace Investigators Certificate Holder (AWI-CH) and a member of AWI.

Harris + Harris LLP’s workplace investigators are neutral, objective and impartial and their investigations adhere to the highest standard of investigative practice. All investigations are conducted in a thorough and impartial manner with integrity and designed to identify the facts of a given situation. While it is possible in certain circumstances for an employer to conduct an internal workplace investigation, often times it is best to utilize a third-party workplace investigator in order to maintain impartiality and avoid any real or perceived bias by the employer conducting the investigation.

An improper investigation can lead to increased liability and a legally imposed requirement to re-conduct an insufficient or poorly conducted workplace investigation at the employer’s expense. Additionally, there are certain circumstances where it is entirely inappropriate for the employer to conduct an internal workplace investigation and a neutral third party investigator must be used, such as when:

  • the person conducting the investigation is involved in the incident or complaint;
  • the person conducting the investigation is under the direct control of the alleged harasser;
  • the complaint involves an owner, executive, HR, supervisor or manager;
  • there are multiple complainants or respondents;
  • the issues are sensitive, complex and/or extensive;
  • required credibility assessments of those involved may be difficult;
  • there is a greater need for the investigation to be perceived as free of bias, impartial and neutral;
  • the workplace or environment is politicized; and
  • the investigation may be legally challenged or scrutinized.
The types of issues which may be investigated include but are not limited to:

  • Human Rights violations
  • discrimination
  • failure to accommodate
  • company policy violations
  • workplace violence or threats of violence
  • bullying
  • retaliation and/or reprisal
  • safety violations
  • workplace harassment
  • workplace sexual harassment
  • workplace misconduct
  • conflict of interest
  • falsification of records and embezzlement
  • ethics and compliance breaches
  • substance use or sales
  • poisoned work environment
Please ensure to contact Peter promptly with any workplace investigation issues, as all employers are required to complete a workplace investigation within 90 days of the employer or supervisor becoming aware of a complaint or incident, pursuant to the Code of Practice to Address Workplace Harassment under the Occupational Health and Safety Act.
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