The playbook for workplace investigations in Ontario is being rewritten — not by a single ruling, but by a series of shifts that are expanding what employers are expected to investigate, how they investigate, and who they investigate for.
The Chambers and Partners HR Internal Investigations 2026 guide identifies three developments reshaping Canadian workplace investigations this year: the rise of off-duty misconduct claims, the emergence of "mobbing" as a recognized workplace harm, and increasing demands for inclusivity in investigation processes. Each one has direct implications for Ontario employers operating under the OHSA's workplace harassment provisions.
Here's what you need to know — and what to do about it.
1. Off-Duty Misconduct Is Now Your Problem
The traditional boundary between work and personal life has been eroding for years. In 2026, it may be functionally gone for investigation purposes.
Canadian courts and tribunals are increasingly holding that employers have a duty to investigate misconduct that occurs outside work hours and off company premises — if that conduct has a connection to the workplace. The question is no longer "did it happen at work?" but "does it affect the workplace?"
Littler's analysis of off-duty sexual harassment confirms what Ontario HR teams are discovering: an employee's conduct at a company social event, on personal social media, or even in a private group chat can trigger your OHSA investigation obligations under Section 32.0.7 if it creates a poisoned work environment.
The landmark Ontario case that crystallized this was Metrolinx v. ATU Local 1587, where five employees were terminated after a private WhatsApp group chat containing derogatory comments about female colleagues was discovered. The Ontario Divisional Court upheld the terminations, finding that the employer had a legitimate obligation to investigate even though the messages were sent on personal phones, outside work hours.
What this means for employers: Your harassment policy must explicitly address off-duty conduct that has a workplace nexus. Your investigation protocols need to account for evidence that exists outside your IT systems — personal devices, social media, and third-party platforms. And your investigators need to understand the legal boundaries of collecting and reviewing that evidence.
2. "Mobbing" Is Entering the Investigation Vocabulary
If you haven't encountered the term "mobbing" yet, you will. It describes a pattern of collective psychological harassment — where a group systematically targets an individual through exclusion, rumour-spreading, undermining, and microaggressions. Unlike traditional one-on-one harassment, mobbing is diffuse, harder to document, and devastating to the target.
The Stewart McKelvey analysis of 2026 investigation trends highlights mobbing as an emerging area that Ontario employers need to prepare for. While Ontario's OHSA defines workplace harassment broadly — "engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome" — mobbing challenges investigation methodology in several ways.
First, there's rarely a single respondent. Multiple employees may be contributing to the pattern, some consciously and others through social dynamics. Second, individual incidents may appear trivial in isolation but form a pattern that constitutes harassment. Third, complainants often struggle to articulate what's happening because the behaviour is ambient rather than overt.
Miller Thomson's research on the duty to investigate reinforces that employers must investigate even in the absence of a formal complaint — and mobbing situations frequently don't produce formal complaints because the target may not recognize the pattern or may fear retaliation from the group.
What this means for employers: Your investigation framework needs to accommodate multi-respondent scenarios. Investigators should be trained to identify patterns of collective behaviour, not just isolated incidents. Exit interview data, engagement surveys, and manager observations become critical intelligence. If multiple employees are leaving the same team and citing "culture" issues, that's a signal worth investigating — not dismissing.
3. Inclusivity in Investigations Is No Longer Optional
The third trend is perhaps the most consequential: workplace investigations must account for the diverse identities and experiences of the people involved. An investigation process designed for a homogeneous workforce will produce incomplete — and potentially discriminatory — outcomes.
This means investigators must understand how power dynamics, cultural context, and intersecting identities affect how people experience and report harassment. A complainant from a marginalized background may present differently than expected — not because their complaint lacks merit, but because of legitimate concerns about credibility, retaliation, or cultural norms around discussing conflict.
The HRTO's decision in AB v. Cooksville Hyundai demonstrates the consequences of getting this wrong. The Tribunal found that an inadequate investigation into sexual assault allegations constituted discrimination on the basis of sex, awarding nearly $60,000 in damages. The investigation failed not because the employer didn't investigate at all, but because the investigation was unreasonable and inadequate in the circumstances.
The Ontario Human Rights Commission's framework for workplace harassment consistently emphasizes that procedural fairness must be substantive, not just formal. Going through the motions of an investigation without genuine cultural competence isn't compliance — it's exposure.
What this means for employers: Investigator selection matters more than ever. Internal investigators may lack the training or perspective to handle complaints involving intersecting grounds of discrimination. Organizations should be investing in workplace investigation training that addresses cultural competence, trauma-informed interviewing, and bias recognition. For complex or sensitive matters, retaining an independent external investigator isn't just best practice — it's increasingly the standard that tribunals expect.
Connecting the Dots: A Broader Enforcement Landscape
These trends don't exist in isolation. Ontario's new Administrative Monetary Penalty regime under OHSA gives inspectors faster tools to penalize non-compliance. The 2026 ESA amendments doubled maximum fines to $100,000 for repeat offenders. And the Ontario Court of Appeal is actively reconsidering employer obligations in several related areas.
The direction is clear: Ontario expects more from employers when it comes to workplace harassment prevention and investigation. The organizations that adapt their processes now will be positioned to manage risk effectively. Those that don't will find out the hard way — through complaints, penalties, and talent loss.
Your 2026 Investigation Readiness Checklist
Here's what to prioritize this quarter:
1. Expand your harassment policy scope. Ensure it explicitly covers off-duty conduct with a workplace nexus, digital communications on personal devices, and group behaviour patterns (mobbing).
2. Update investigation protocols. Your procedures should address multi-respondent investigations, evidence from personal devices and social media, and communication requirements to complainants after investigation completion.
3. Invest in investigator competence. Whether internal or external, your investigators need current training on cultural competence, trauma-informed practices, and Ontario's evolving legal standards. For guidance on what training should cover, see our workplace investigation training guide.
4. Build early detection systems. Don't wait for formal complaints. Monitor exit interview themes, engagement survey trends, and turnover patterns by team. Mobbing rarely announces itself — it surfaces through data.
5. Establish external investigation relationships. Having a vetted external investigator on retainer means faster response times when sensitive or complex matters arise. It also demonstrates to regulators and tribunals that your organization takes investigations seriously.
1205 Consulting conducts independent workplace investigations and provides HR advisory services for Ontario employers navigating complex harassment, discrimination, and misconduct matters. Contact us to discuss your organization's investigation readiness.