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Must You Disclose Privacy-Sensitive Harassment Report to OHS Investigator?

The Workplace Harassment Policy

An Ontario company’s policy requires immediate investigation of all workplace harassment complaints. Once the investigation ends, the investigator creates a Findings Report summarizing the details of the case. The Findings Report is so sensitive and confidential, that the company doesn’t share it with anyone, not even the accuser and accused. Instead, it sends the parties a letter indicating whether the investigation found the harassment allegation to be true and logs the Findings Report into an electronic case management system to which access is highly restricted.

Situation

Two employees claim they were harassed by their supervisor. The MOL official sent to investigate requests copies of all notes from the investigation. The company offers her the letters it sent to the parties and a redacted version of the Findings Report. But she wants an unredacted version. The company objects on the grounds of privacy and the case reaches the Ontario Labour Rela...

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