{"id":1072,"date":"2026-01-27T13:06:50","date_gmt":"2026-01-27T18:06:50","guid":{"rendered":"https:\/\/newleafperformance.ca\/learn\/blog\/"},"modified":"2026-01-27T15:44:26","modified_gmt":"2026-01-27T20:44:26","slug":"workplace-investigations-and-medical-leave-navigating-procedural-fairness-and-legal-risk-in-canada","status":"publish","type":"post","link":"https:\/\/newleafperformance.ca\/learn\/blog\/workplace-investigations-and-medical-leave-navigating-procedural-fairness-and-legal-risk-in-canada\/","title":{"rendered":"Workplace Investigations and Medical Leave: Navigating Procedural Fairness and Legal Risk in Canada"},"content":{"rendered":"\n
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By Kerry Ann Marcotte EMA, JD, BCL, BA, CWPI<\/a><\/strong><\/p>\n\n\n\n

Workplace investigations often unfold in complex circumstances. When the Responding Party to an investigation is on medical leave, and therefore unable to participate, employers find themselves navigating overlapping obligations under employment law, administrative law, and human rights law. The stakes are high: mishandling the process can taint the investigation, undermine fairness, trigger discrimination claims, and invalidate subsequent discipline.<\/p>\n\n\n\n

Medical leave does not halt investigations, but it does shape them. Canadian case law provides important guidance, and this blog post explores the leading principles, drawing primarily from Canadian jurisprudence, that employers should have on their radar.<\/p>\n\n\n\n

When An Employee is Medically Unfit to Participate, the Employer\u2019s Obligations Expand<\/strong><\/p>\n\n\n\n

A Responding Party\u2019s participation in a workplace investigation is not something that an employer can \u201copt out\u201d of, as the Responding Party\u2019s right to receive and respond to allegations that directly concern them is rooted in the principal of procedural fairness.<\/p>\n\n\n\n

Courts have emphasized that parties must be given a fair opportunity to respond to information and evidence before decisions are made about them. The Federal Court in Marentette v. Canada (Attorney General) (2024)[1]<\/strong><\/a><\/em> reaffirmed this requirement in the investigative context.<\/p>\n\n\n\n

Given these parameters, what should be expected from employers and parties when the Responding Party wishes to participate in an investigation, but is on medical leave and cannot actively engage in the investigation process for a specific or undetermined period of time?<\/p>\n\n\n\n

An employee on leave can still be the subject of an investigation. But the employer must:<\/p>\n\n\n\n