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Workplace Investigations: Advanced Topics

An advanced look at workplace investigation decision-making, investigator selection, proportional discipline, and the risks of conducting—or not conducting—an investigation.

  • Instructor

Antonio Urdaneta

  • Date

  • Price

$150

  • Duration

3 hours

  • Format

Attend Live Online and On-Demand Recording

Summary

Workplace investigations are one of the most complex and high-risk responsibilities facing HR professionals, in-house counsel, and workplace investigators. From harassment complaints and safety incidents to policy breaches and unionized workplace disputes, every step—whether to investigate, who should lead the process, how to assess evidence, and what discipline is proportionate—carries significant legal, organizational, and reputational consequences. Workplace Investigations: Advanced Topics is an in-depth, scenario-based training program designed for experienced HR practitioners, managers, workplace investigators, and legal professionals who advise employers or unions. This course goes beyond the basics to examine the decision points that make or break an investigation: determining when an investigation is required under OHSA and human rights law, selecting an internal or external investigator, applying trauma-informed and legally defensible methods, evaluating proportional discipline, and assessing the risks of action or inaction. Participants will walk away with practical frameworks, legal considerations, and risk-management strategies to conduct (or oversee) fair, compliant, and defensible investigations—while protecting organizational trust and minimizing unintended consequences.

What you'll learn

  • Decide when an investigation is legally required under OHSA, human rights law, policies, and collective agreements—and when alternatives like mediation or coaching are appropriate.
  • Choose between an internal or external investigator using clear criteria for neutrality, expertise, and conflict-of-interest risks.
  • Apply proportional discipline principles by assessing intent, severity, evidence, and workplace impact.
  • Recognize legal, reputational, privacy, and cultural risks of conducting—or not conducting—a workplace investigation.
  • Use advanced documentation, communication, and decision-making tools to ensure fairness, defensibility, and organizational trust.

Course outline

  • Deciding Whether to Conduct an Investigation or Not
    • o Why this decision matters: legal compliance, fairness, risk management.
    • o Statutory obligations (OHSA, human rights, harassment policies).
    • o Organizational policies and collective agreements.
    • o Risk factors: severity, recurrence, reputational impact.
    • o Threshold analysis: “Is there enough to investigate?”
    • o Alternatives: informal resolution, coaching, mediation.
    • o Example: Anonymous complaint vs. direct allegation.
  • Who Should Do the Investigation
    • o Why investigator selection is critical.
    • o Pros and cons of internal/external: cost, speed, expertise, perception.
    • o Skills required: interviewing, trauma-informed approach, report writing.
    • o Conflict-of-interest red flags.
    • o Unionized environments, privacy laws, regulatory expectations.
  • Proportionality of Discipline
    • o Why proportionality matters: fairness, legal defensibility.
    • o Just cause, progressive discipline, arbitral principles.
    • o Severity, intent, past record, impact on workplace.
    • o How evidence supports proportional outcomes.
    • o Avoiding “overcorrection” or “underreaction.”
  • Risks of Conducting or Not Conducting an Investigation & Disproportional Consequences
    • o Why risk analysis is essential.
    • o Confidentiality breaches, retaliation, cost, morale impact.
    • o Legal liability, regulatory penalties, cultural erosion.
    • o Over-investigation vs. under-investigation.
    • o Impact on trust and organizational justice.
    • o Communication plans, documentation, legal consultation.

CPD credits for HR professionals

CPHR British Columbia & Yukon

  • Approved for 3 hours

CPHR Alberta

  • Approved for 3 hours

CPHR Saskatchewan

  • Approved for 3 hours

CPHR New-Brunswick

  • Approved for 3 hours

CPHR Nova Scotia

  • Approved for 3 hours

Your Instructors

Antonio Urdaneta

B.C.L., N.C.A, GP. LL.M

Barrister & Solicitor, Founder Workplace Legal

Antonio, founder of Workplace Legal, is a leading workplace investigator and employment-law professional with more than two decades of experience advising employers, unions, and HR teams on harassment, discrimination, violence, safety incidents, and complex policy breaches. His expertise spans employment standards, human rights, health and safety, pay equity, privacy, ADR, and litigation, including representing clients before the Superior Court of Justice and multiple Ontario tribunals.

Antonio conducts sophisticated investigations involving harassment, discrimination, workplace violence, theft, safety incidents, and organizational misconduct. His deep understanding of statutory duties, collective agreements, evidence assessment, and proportional discipline makes him uniquely equipped to teach advanced-level investigation skills. Through his combination of legal expertise, investigative practice, and leadership coaching, Antonio helps HR teams conduct fair, defensible, and trauma-informed investigations that withstand legal and organizational scrutiny.

Frequently asked questions

Have questions? We’re here to help. Check out our FAQs to learn more about this Course.

Absolutely. Every LPEN course is recorded, and the recording is added to your account within a few business days. You can log in anytime to watch it on demand and still receive your digital certificate of completion.

LPEN seeks accreditation for each course from the College of Immigration and Citizenship Consultants (CICC) and the Law Society of Ontario (LSO),the Law Society of BC (LSBC) when applicable. Accreditation details and approved CPD hours are listed in the CPD Credits section on each course page, so you can easily confirm how the course qualifies toward your professional development requirements.

A digital certificate of completion will be available once the course recording has been uploaded. After that, you can follow the steps at the top of your My Courses page—where you’ll also find a short video explaining how to download your certificate. Be sure to save it as part of your documentation for your CPD hours.

This course may be included in one or several LPEN Passes. Passes offer discounted rates and access to multiple courses, making CPD compliance simpler. Check out our Passes page to see where it is included.

You don’t need to create an account separately. When you register for a course or pass, an account is automatically created during checkout. You’ll be asked to enter your email address and set a password—these will be your login details for future access.

Single course
$150

What is included

  • Attendance at the live webinar
  • Access to recorded webinar until December 31, 2027
  • Eligible for CPD Credits / Hours (listed under CPD Credits)
  • Certificate of Completion
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