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Workplace Investigations: Challenging Bias and Pre-Determined Outcomes

Employers conduct investigations for two main reasons: to prove just cause for termination or to meet legal duties under Harassment and OHS legislation. However, too often, these inquiries fail to meet the legal “gold standard.”

IS YOUR INVESTIGATION FLAWED?

The Gold Standard Failure

A legally sound investigation must adhere to procedural fairness, be impartial, and rely on a truly neutral investigator. In our experience, investigations are frequently compromised by internal pressures, leading to expediency over thoroughness or, worse, a predetermined outcome designed to cover the employer’s legal bases. When an employer cuts corners, they risk converting their attempted defense into a legal liability. A failure to conduct a rigorous investigation means:

  • Just Cause Falls Apart: the employer cannot prove the serious misconduct necessary to justify termination, leading to a wrongful dismissal finding.
  • Harassment Claims Prevail: the employer is liable for failing their legal duty to provide a safe workplace.

Was Your Investigation Legally Sound?

If an investigation is found to be biased or negligent, it undermines the employer’s entire case — whether they were trying to prove cause or defend a harassment complaint. We specialize in scrutinizing the investigative process, exposing procedural flaws and systemic biases to defend your rights and secure your full entitlements.

Lluc Cerdà
Quote

Employers often trust an investigation to protect them — but a rushed or one-sided process usually does the opposite. Once we show it was biased or incomplete, cause collapses and harassment liability follows.

Lluc Cerdà Founder
10y+ Experiences
1000+ Clients
99% Resolved Cases
Our Process

Simple Steps to Protect Your Severance

Our structured approach ensures you receive clear advice, strong legal support, and the confidence to move forward at every stage.
01

Submit Your Information

Share your situation and severance offer with our team online or by phone.
02

Case Review by a Lawyer

Meet with an experienced employment lawyer to understand your rights and options.
03

Strategy & Advice

Meet with an experienced employment lawyer to understand your rights and options.
04

Negotiation & Representation

Meet with an experienced employment lawyer to understand your rights and options.
How We Help

Expose the Flaws in the Process

We scrutinize the investigative process end to end — who conducted it, how allegations were tested, and whether you had a genuine opportunity to respond — measuring it against the legal gold standard of procedural fairness, impartiality, and neutrality.

Where the investigation falls short, we use those flaws to challenge a for-cause termination, defend against unproven allegations, or advance a harassment claim your employer failed to properly address.

  • Assessment of whether the investigator was genuinely neutral, or compromised by internal pressure.
  • Review of whether you had real procedural fairness — full disclosure of the allegations and a fair chance to respond.
  • Identification of expediency or a predetermined outcome that undermines the investigation’s findings.
  • Challenge to a for-cause termination built on a flawed or negligent investigation.
  • Pursuit of a harassment claim where the investigation failed to meet your employer’s legal duty to protect you.
Why It Matters

A Flawed Investigation Can Flip the Whole Case

An employer that cuts corners on an investigation converts what was meant to be a defense into a liability. If the process was expedient or predetermined rather than genuinely fair, a for-cause termination can collapse into a wrongful dismissal, or a harassment complaint the employer thought was resolved can remain very much alive.

Predetermined Isn’t a Defense

An investigation designed to reach a foregone conclusion doesn’t protect your employer — it exposes them. Predetermined outcomes are one of the most common flaws we find.

Cause Can Collapse Fast

If your employer can’t prove the investigation was fair and thorough, the misconduct it was meant to establish often can’t be proven either — turning a for-cause firing into full severance.

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Employment Law Advocates made a stressful situation so much easier to navigate. Their team was responsive, knowledgeable, and fought hard to secure the outcome I deserved.

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Employment Law Advocates made a stressful situation so much easier to navigate. Their team was responsive, knowledgeable, and fought hard to secure the outcome I deserved.

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From oil and gas to healthcare, technology, construction, finance, and more — our team has extensive experience helping employees navigate complex workplace disputes.

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    FAQs

    Have Questions? Get Answers

    A biased or rushed investigation can undo everything your employer was trying to prove. Here’s what Calgary employees ask us most.
    A legally sound investigation must be procedurally fair, impartial, and conducted by a truly neutral investigator. That means you’re told the allegations, given a genuine chance to respond, and assessed by someone without a stake in the outcome.
    Mainly for two reasons: to try to prove just cause for a termination, or to meet their legal duty to investigate harassment and safety complaints under OHS and human rights legislation. Either way, the investigation has to meet the same fairness standard to hold up.
    It can undermine their entire case. If they were trying to prove cause, a flawed investigation often means they can’t establish the serious misconduct required, which can turn a for-cause termination into a wrongful dismissal. If it was a harassment investigation, a poor process can mean they failed their legal duty entirely.
    It’s when an investigation is structured — consciously or not — to reach a conclusion the employer had already decided on, rather than to genuinely test the allegations. Predetermined investigations are one of the clearest signs of an unfair process and one of the easiest to challenge.
    You can challenge the investigation itself. If it wasn’t procedurally fair, impartial, and conducted by a neutral investigator, the “cause” it produced may not hold up — which can convert your termination into a wrongful dismissal with full severance owed.
    A negligent or dismissive harassment investigation is itself a breach of your employer’s legal duty to keep you safe. That failure can support both a renewed complaint and, depending on the circumstances, a constructive dismissal claim.
    We review the entire process — who conducted it, what evidence was gathered, whether you had a genuine chance to respond, and whether the outcome was reached fairly. Procedural flaws and signs of bias are then used to challenge whatever the investigation was used to justify.