Workplace harassment investigation in Ontario (OHSA)

If you work for a provincially regulated employer in Ontario, you report harassment through its workplace harassment program under the Occupational Health and Safety Act (OHSA). The employer must then ensure an appropriate investigation and tell you the results and any corrective action in writing (s. 32.0.7).

What your employer's harassment program must include

Your employer needs a workplace harassment policy and a written program that sets out (s. 32.0.6):

• how to report to the employer or a supervisor
• who else receives reports if the employer or supervisor is the alleged harasser
• how complaints will be investigated and dealt with
• how information about a complaint will be kept confidential
• how you and the alleged harasser will be told the results

How an OHSA harassment complaint is investigated

Ontario's Ministry of Labour, Immigration, Training and Skills Development says an investigation appropriate in the circumstances is generally timely and fair and addresses all relevant issues. The investigator should not be involved in the incident or under the alleged harasser's direct control. A complex case may include interviews and a review of emails, notes or photos. You should be kept informed of its status, and the employer should take interim measures where appropriate, such as a temporary reassignment or shift change. Mediation cannot replace the investigation.

What a Ministry of Labour inspector can and cannot do

The ministry's inspectors check whether employers meet these duties and can order compliance. They do not mediate allegations, decide whether behaviour was harassment or order compensation. Under s. 55.3, an inspector may order in writing that the employer have the investigation done, and a written report prepared, by an impartial person with the knowledge, experience or qualifications the inspector specifies, at the employer's expense.

The Act also prohibits reprisals (s. 50): an employer cannot dismiss, discipline, penalize, intimidate or coerce a worker for complying with the Act or seeking its enforcement, which the ministry says covers reporting harassment. Reprisal complaints can go to arbitration under a collective agreement, if any, or to the Ontario Labour Relations Board.

What to write down: a fictional example

The sample complaint form in the ministry's Code of Practice asks for who was involved, witnesses, the place, date and time, the words or behaviour, and documents such as emails, notes or photos. Our incident log template covers the same points. This example is made up: “September 15, 2026, about 3:10 p.m., warehouse office. The shift supervisor called me ‘a waste of a paycheque’ in front of two co-workers, the third such comment since August 24. September 16: emailed my report to the alternate contact in our program; copy saved. September 30: investigator interview; gave two emails and my notes.”

Checklist: before and after you report

1. Before: ask for the policy and program and note who receives reports, including the alternate contact.
2. The day you report: keep a copy. If you report verbally, note the date, the person and what you said.
3. During the investigation: note each interview or update and what you handed over. Your program may ask you not to discuss the complaint with co-workers or witnesses, except to get advice about your rights.
4. At the end: note when the written results arrive, or when you asked for them.
5. Afterwards: if your shifts, duties or treatment change, note the date and what changed.

For support, the ministry points to unions, peer support networks, joint health and safety committee members, employee assistance networks and lawyers; its Contact Centre can explain your rights under the OHSA. If someone threatens or uses violence, put your safety first and call the police, or 911 in an emergency.

Kirokune keeps notes, photos and imported chats in one private case on your iPhone, in date order, and can export them as a PDF (a Kirokune Plus feature). It helps you organize what happened by date; whether it was harassment is for the people handling your complaint to decide.

Frequently asked questions

How long does a workplace harassment investigation take in Ontario?

The OHSA sets no deadline. The ministry's guide says some investigations take hours or days and others longer, for example up to 90 days, with exceptional cases taking longer still. Under the ministry's Code of Practice, which employers can choose to follow, the investigation is completed within 90 calendar days unless extenuating circumstances, such as more than five witnesses, justify longer, and the written results follow within 10 calendar days. Check your employer's program for its own timeline.

Do I get a copy of the harassment investigation report in Ontario?

Not necessarily. The OHSA requires your employer to give you the results and any corrective action in writing. The ministry describes the results as a summary of the findings, which is not the same as the investigation report; if harassment was found, they must include information about corrective action. If you want to see more, ask your employer. In a unionized workplace, the collective agreement may also address what information the union can obtain.

Does my employer have to investigate a verbal or informal complaint?

Generally, yes. The ministry says the duty applies whether a complaint is formal or informal, written or verbal, and also when the employer or a supervisor learns of an incident another way, for example by seeing it. A simple matter may need only a short investigation. If a worker does not co-operate, the employer still has to give the written results. Note the date and the person you told.

Kirokune helps you keep a record. It does not diagnose, decide what happened, or give legal advice.