No discrimination? Then there's no duty to investigate, says Ontario tribunal (Legal View)

But not a green light to stop conducting investigations into discrimination claims
By Leah Simon
|Canadian HR Reporter|Last Updated: 05/30/2014

There is no duty on an employer to investigate an allegation of workplace discrimination if the discrimination doesn’t exist, the Human Rights Tribunal of Ontario has ruled.

But employers would be unwise to abandon any discrimination investigations in light of this ruling.

Andrew Scaduto was employed by the Insurance Search Bureau of Canada (ISB) for fewer than four months when his employment was terminated for poor performance. There had been numerous attempts to provide Scaduto with additional training and multiple discussions with him about his performance prior to the decision to terminate.