Remedial Options After a Workplace Harassment Investigation: What Employers Need to Know

Introduction

When a workplace harassment investigation concludes that there is sufficient evidence of misconduct, employers have both a legal obligation and an ethical responsibility to act. The next steps are critical, not only to address the individual’s behaviour but also to maintain a safe and respectful workplace culture.

Employers need to balance corrective measures with fairness, ensuring that actions are proportionate to the severity of the misconduct and aligned with organizational policies, including the workplace harassment policy and code of conduct.

Understanding Remedial Options

Remedial actions serve two purposes:

1. Correcting behaviour and preventing recurrence.
2. Demonstrating accountability to protect all employees.

Here are common remedial options following a substantiated harassment investigation:

1. Disciplinary Action

Depending on the severity, disciplinary measures can range from a written warning to suspension or termination. Employers are advised to seek the advice of legal counsel and ensure consistency with past cases to avoid claims of unfair treatment.

2. Sensitivity and Respectful Workplace Training

Training helps the individual understand the impact of their behaviour and develop skills to prevent future incidents. Programs can include:

• Sensitivity training modules
• Harassment and violence prevention refreshers
• Coaching on respectful communication

3. Mediation or Restorative Practices

In less severe cases, employers may use mediation or restorative practices to rebuild trust between the affected parties. This is advised to be voluntary and conducted by a neutral third party.

4. Reassignment or Reporting Structure Changes

Altering reporting relationships or work assignments may be necessary to reduce future conflict and ensure a safe environment for all parties involved.

5. Monitoring and Follow-Up

Employers are advised to conduct regular check-ins with affected employees and monitor workplace dynamics to confirm that corrective measures are effective.

Legal and Policy Considerations

Employers must ensure that all remedial actions align with:

• The Canada Labour Code and provincial human rights, occupational health and safety and employment standards.
• The organization’s workplace harassment and violence policy.
• The principles of procedural fairness and progressive discipline.

Failure to implement appropriate remedial action after a finding of harassment can expose the employer to liability and reputational harm.

Best Practices for Employers

• Document everything: Keep detailed records of the investigation findings and remedial actions taken.
• Ensure proportionality: Match the corrective measure to the severity of the conduct.
• Protect confidentiality: Share outcomes only with those who need to know.
• Support all parties: Provide resources such as Employee Assistance Programs (EAPs) for both complainants and respondents.

Final Thoughts

Workplace harassment investigations don’t end with findings. They require thoughtful, timely, and proportionate remedial actions. By implementing fair corrective measures such as training, discipline, or reassignment, employers demonstrate their commitment to a safe and respectful workplace while minimizing legal and reputational risks.

Need Expert Support?

At HR Proactive, we specialize in workplace investigations, sensitivity training, and compliance programs that help organizations not only meet legal obligations but also foster a respectful workplace culture.

Contact us today to learn how we can support your organization in addressing and preventing workplace harassment.