WORKPLACE INVESTIGATIONS SERVICES FOR ONTARIO ORGANIZATIONS
Our Services
Bay Winter LLP provides services to workplaces, institutions, and legal professionals who need an experienced, independent investigator to address complex or sensitive concerns within their or their client’s organization.
We work with employers and institutions across the public, private, broader public and not-for-profit sectors, including organizations of varying sizes and with both unionized and non-unionized workplaces. Our experience spans a range of industries and environments, allowing us to understand the different workplace dynamics, policies and legal frameworks that can shape an investigation.
Whatever brings a client to us, the objective is the same: a fair, neutral and thorough investigation conducted with care, efficiency and sound judgment. We understand that investigations can be disruptive and demanding for everyone involved, and we work closely with our clients to provide a clear, well-managed process from the initial complaint through to the final report.
Workplace and Institutional Investigations
When serious or sensitive concerns arise in a workplace or institution, an independent investigation can provide the clarity needed to move forward.
Bay Winter LLP conducts impartial, thorough and timely investigations into a wide range of workplace and institutional concerns, including allegations of harassment, discrimination, sexual harassment and sexual violence, bullying, conflicts of interest, reprisal, abuse of authority, and other forms of workplace or professional misconduct.
We understand that investigations often take place at a difficult moment for an organization and for the people involved. Our approach combines legal and investigative expertise with sound judgment, careful attention to evidence, and a fair and respectful process. We work with our clients from the outset to understand the issues, establish an appropriate process and conduct the investigation efficiently, while maintaining the independence required of an external investigator.
Workplace Culture Audits/ Assessments
Sometimes workplace concerns extend beyond a single complaint or incident, or an organization wants to take a proactive approach to addressing workplace concerns. Bay Winter LLP conducts independent workplace culture audits and assessments to help organizations better understand employees’ experiences, identify broader themes and patterns, and determine where meaningful change may be needed.
Assessments may address concerns relating to morale, trust, communication, leadership, psychological safety, inclusion or workplace relationships, or be undertaken proactively to identify opportunities to strengthen the workplace before concerns escalate.
We work with our clients to develop an approach tailored to their workplace and the questions they are seeking to understand. Depending on the organization’s needs, an assessment may include confidential interviews, surveys, focus groups and a review of relevant workplace information. Our assessments provide organizations with a clearer understanding of their workplace culture, identify areas of concern and offer practical recommendations to help organizations determine what comes next.
Preliminary Assessments
Not every workplace complaint or concern requires a full investigation. Sometimes, an organization needs more information before deciding what should happen next.
Bay Winter LLP conducts preliminary assessments to help organizations understand the nature and scope of a complaint or concern and determine whether a formal investigation is warranted into all or some of the allegations.
Organizations may seek a preliminary assessment when a complaint is unclear or raises multiple issues, when there is uncertainty about whether the concerns fall within the scope of a workplace policy, or when more information is needed to determine the appropriate process. A preliminary assessment can also help identify which allegations, if any, should proceed to investigation and assist in defining a clear and focused mandate.
Drawing on our experience as workplace investigators and employment lawyers, we bring a practical and measured approach to preliminary assessments. Our goal is to provide clients with the clarity they need to make a fair, informed and defensible decision about what comes next—without defaulting to a full investigation where one may not be necessary.
Fact Finding
Sometimes an organization needs an independent understanding of what happened without requiring a full workplace investigation or an assessment of whether particular conduct breached a policy or legal standard.
Bay Winter LLP provides independent fact-finding services to help organizations establish the facts surrounding a workplace incident, complaint or other matter. We meet with the individuals involved, gather and review relevant documents and other evidence, and assess the information to determine what occurred.
Unlike a full investigation, our mandate in a fact-finding process is limited to making findings of fact. We do not determine whether the conduct at issue amounts to a breach of workplace policy or reaches a particular legal standard. Instead, we provide the organization with a clear, impartial and well-supported factual record that it can use to undertake its own analysis and determine the appropriate next steps. We bring the same careful, neutral and thorough approach to fact-finding that we bring to our investigations, while tailoring the scope of our work to the specific information the client needs.
Investigation/ Process Review
A well-designed investigation process is essential to ensuring workplace concerns are addressed fairly, consistently and effectively. Even organizations with established internal investigation practices can benefit from an independent review of their approach.
Bay Winter LLP reviews organizations’ internal investigation processes and, if requested, completed investigations to identify strengths, potential gaps and opportunities for improvement. Depending on the mandate, we may review investigation policies and procedures, templates, protocols, investigation files and reports, or the overall process used to receive, assess and investigate workplace complaints.
Drawing on our experience conducting workplace and institutional investigations, we assess investigation processes with both procedural fairness and practicality in mind. Whether an organization is developing or updating its internal investigation framework, seeking an independent review of a completed investigation, or looking to strengthen its existing practices, we provide clear, practical feedback and recommendations to support fair, thorough and effective investigations.
