A harassment complaint has just been filed. You know you have to act, but where do you start, in what order, and with what precautions? This article walks through how a workplace investigation unfolds in Quebec, step by step, from the initial report to the follow-up after the final report. It is written for SME leaders and HR managers who want to understand the process before launching it, whether they handle it internally or appoint an external investigator.
Important: this article provides general information and does not constitute legal advice. Every situation must be assessed on its own facts and, where needed, with legal counsel.
What the law requires of the employer
The Act respecting labour standards requires every employer to take reasonable steps to prevent psychological harassment and, whenever such conduct is brought to its attention, to put a stop to it (section 81.19). Since 2024, Bill 42 sets the minimum content of the prevention policy, which must describe the process for handling complaints and reports, the measures to protect the people concerned and the confidentiality rules. Since 1 October 2025, psychosocial risks, including harassment, must also appear in the occupational health and safety prevention program or action plan.
The law does not impose a single investigation method. It imposes a result: diligent, impartial and confidential handling of the complaint. A well-conducted investigation is the strongest way to show that these obligations were met, before the Tribunal administratif du travail and before your employees.
Step 1: receive the report and stabilize the situation
As soon as a complaint is received, written or verbal, the employer documents the date, the content and who received it. It acknowledges receipt to the complainant and reminds them of the protections against reprisals. Where the situation requires it, interim measures are put in place: temporary changes to schedules or work locations, adjusted reporting lines, sometimes a paid administrative suspension. These measures are not sanctions. They protect people and evidence while the investigation proceeds, and they must be explained as such to both parties.
Step 2: assess admissibility
Before investigating, determine whether the alleged facts, taken as true, could amount to psychological or sexual harassment under the law, a breach of an internal policy, or rather a workplace conflict or the normal exercise of management rights. This analysis does not judge the complaint; it clarifies its nature and points to the right process. It also checks that the people involved are covered by the policy and that the complaint falls within the applicable time limit (two years from the last occurrence under the Act respecting labour standards, or a shorter period if the policy provides one). In case of doubt, the complaint is found admissible. The admissibility analysis is a written deliverable, given to the client before any interview, so an organization does not pay for an investigation it does not need. Voluntary mediation, conducted by a professional other than the investigator, may be offered at any stage. A complaint found inadmissible is not for that reason frivolous or abusive: the complainant’s good faith rules that out, and they receive a written, reasoned response.
Step 3: choose the investigator
The investigation can be conducted internally if the organization has someone who is trained, truly impartial and has no reporting or personal relationship with the parties. In SMEs, that condition is rarely met. An external investigator is required when the complaint targets a manager or a member of leadership, when HR resources are limited or when trust in the internal process is low. In Quebec, a member of the Ordre des CRHA who holds the certified harassment investigator (ECH) designation is bound by a code of ethics and a recognized method, which strengthens the credibility of the report. For more on this choice, see our guide on how to appoint an external HR investigator.
Step 4: define the mandate in writing
The mandate is the founding document of the investigation. It sets out the allegations to be examined, the people to be interviewed, the documents to be reviewed, the questions the report must answer, the timeline, the confidentiality rules and who receives the report. A vague mandate produces a vague report. A precise mandate protects the investigator, the employer and the parties, and makes the process much harder to challenge later.
Step 5: notify the parties and protect confidentiality
The employer informs the respondent that a complaint has been filed. The investigator then sends the respondent the specific allegations, a reasonable time before their interview, in enough detail to respond. Both parties are told the purpose of the investigation, the investigator’s name, the planned process and how their personal information will be used, in accordance with Law 25. Everyone interviewed signs a confidentiality undertaking, learns who will have access to their statement and in what form, and is informed that reprisals are prohibited. They are also told the limits of confidentiality (waiver of professional secrecy by the client, a court order): what the investigator promises is no reprisals, not absolute secrecy. The parties may be accompanied, by a union representative in a unionized workplace or, depending on the organization’s policy, by a person of their choice who is not themselves a witness. The accompanying person observes and supports; they do not intervene.
Step 6: conduct the interviews
Interviews are held individually, in a neutral location or by video conference, and are documented through detailed notes or statements that are reviewed and signed. We meet the complainant first, to establish the alleged facts precisely (dates, places, words, actions, witnesses, documents), then the respondent, who answers each allegation, and finally the witnesses, to corroborate or qualify the accounts. Follow-up meetings are often needed when new elements emerge. Questions are open, neutral and chronological, never leading; the investigator is not trying to catch anyone out, but to understand. Each person then reviews their statement, corrects it if needed and signs it.
Step 7: gather and review the documentary evidence
Emails, instant messages, schedules, evaluations, policies, notes from earlier meetings: documentary evidence anchors the accounts in time and often reveals inconsistencies. Collection must remain proportionate to the mandate. The employer does not search work tools at random; it looks for what is relevant to the allegations, in keeping with its own technology-use policies and Law 25.
Step 8: analyze the facts and conclude
The analysis proceeds allegation by allegation, on a balance of probabilities (article 2804 of the Civil Code of Québec): the most probable version, in light of all the evidence, is retained. The burden of proof rests on the complainant, who may rely on testimony, documents and presumptions of fact; the number of witnesses is not decisive, their ability to convince is. The investigator assesses the credibility of each account (internal consistency, consistency over time, consistency with documents and witnesses, plausibility, the interests of those involved) and then characterizes the facts retained, applying the test of the reasonable person in the same circumstances. To conclude that psychological harassment occurred, the criteria of section 81.18 of the Act respecting labour standards must be met: vexatious behaviour, repeated or a single serious incident, hostile or unwanted, which affects the person’s dignity or psychological or physical integrity and results in a harmful work environment. A global analysis follows: established facts that do not amount to harassment on their own may do so when considered together. Conduct may also fall short of harassment under the law while still breaching the code of conduct or an internal policy; the report must draw that distinction clearly.
Step 9: write the investigation report
The report sets out the mandate, the organizational and legal context, the admissibility analysis, the method, the allegations, the evidence gathered, the credibility analysis and the conclusions for each allegation (founded, unfounded or partially founded), together with the investigator’s declaration that there is no conflict of interest. It is factual, structured, consistent from one allegation to the next and written to withstand scrutiny by an arbitrator or a tribunal. Testimony is reported in a way that cannot be linked to a person. Recommendations, where the mandate provides for them, and annexes (signed statements, notes, exhibits) are separate documents, each with its own title page, so the recommendations can circulate without exposing testimony. The report is delivered to the client only, by secure means, and not to the parties.
Step 10: communicate the conclusions and follow up
The investigator and the employer first agree on what may be disclosed. The complainant and the respondent are then met and informed that the investigation is complete and of the conclusions that concern them, without disclosure of testimony. The employer then decides on measures: disciplinary measures proportionate to the seriousness of the facts, administrative measures, coaching, mediation, policy revisions, training. The decision belongs to the employer, not the investigator. Following up on the work climate in the weeks that follow, with both parties and the team, prevents reprisals and recurrence.
How long does an investigation take?
The duration depends on the number of allegations, people to interview and documents to review, and on everyone’s availability. A simple file is generally concluded within a few weeks; a complex one can take two months or more. What matters is moving forward without interruption and keeping the parties informed of the timeline. Unexplained delays are one of the first causes of lost confidence in the process.
The most common mistakes
Waiting for a written complaint when a verbal report is enough. Handing the investigation to the manager of the team concerned. Meeting the respondent without having communicated the allegations. Interviewing witnesses as a group. Concluding without assessing credibility. Mixing conclusions, recommendations and testimony in a single document. Announcing a sanction before the investigation is over. Each of these mistakes can invalidate the process and expose the organization.
When to call an external investigator
Revive RH|HR conducts independent workplace investigations, in English and in French, on the South Shore, in Montreal and throughout Quebec. Every mandate is handled by a certified HR professional (CRHA) holding the ECH designation of the Ordre des CRHA. If a complaint is on your desk, see our workplace investigations page or contact us for a free confidential consultation.
Frequently asked questions
Is a written complaint required to open an investigation? No. The obligation to stop harassment arises as soon as the employer becomes aware of it, even through a verbal report or a third party. The employer must then document the report itself.
Can the respondent see the complaint? They must know the specific allegations against them in order to respond. That does not require handing over the full complaint or the witness statements.
What happens if the complainant withdraws the complaint? The employer keeps its obligation to ensure a healthy workplace. Depending on the seriousness of the facts, it may have to continue the investigation despite the withdrawal, documenting its decision.
Must the investigation report be given to the parties? No. The report goes to the client. The parties receive the conclusions that concern them, as provided by the organization’s policy.
Is an internal investigation valid? Yes, if the investigator is trained, impartial and unconnected to the parties, and if the process respects the rules of fairness. When those conditions are not met, an external investigation is recommended.
