Informal Complaints, Formal Obligations

It happens more often than you might think. An employee drops by HR or a manager’s office, shares a concerning workplace incident, and then adds: “I don’t want you to do anything. I just wanted you to know.” Simple enough… except it’s not.

I’ve seen this scenario come up many times in my practice, and it puts employers in a tricky spot. On one hand, you want to respect the employee’s wishes and the fact that they may be sharing something in confidence. On the other hand, employers have a legal obligation to address workplace harassment, even if information comes to light through an informal, off-the-record conversation. So what are you supposed to do?

A Complaint Doesn’t Have to Be “Formal”

There’s a persistent myth that an employer only has to act if there’s a formal, written complaint. That used to be more common. Older workplace policies often required complaints to be submitted in writing before anything happened. That’s no longer the standard.

Under the Occupational Health and Safety Act (OHSA), employers must investigate both “incidents and complaints” of workplace harassment. There’s no requirement that it be formal, written, or even labeled as a complaint. So that after-hours, “off-the-record” chat counts. The same goes for a manager who witnesses an inappropriate interaction but shrugs it off because no one filed a complaint. Once the employer becomes aware of potential harassment, the duty to act is triggered, even if the employee explicitly asks you not to investigate.

Why Employers Can’t Just Leave It Alone

Ignoring the situation might feel easier in the moment, but it comes with real risks. Employers are required to maintain a safe and respectful workplace, and failing to act on known issues can create liability down the road.

It’s also important to remember that the employee who spoke up might not be the only one affected. Others may be experiencing the same behaviour but haven’t said anything yet. And if things escalate later, one of the first questions will be what the employer did when they first became aware of the issue. “Nothing” is not a great answer.

But What If the Employee Asks You Not to Investigate?

This is where things get delicate. Employers want to create an environment where employees feel safe raising concerns, and launching an investigation against someone’s wishes can feel like a breach of trust.

At the same time, doing nothing can allow the behaviour to continue and potentially worsen. A better approach is to be transparent. Explain that you’ll respect their privacy as much as possible, while also clarifying that the organization may still need to look into the issue in some way.

It’s also worth asking about their concerns. Fear of reprisal is a common one, and addressing that directly can make a big difference. You don’t have to ignore their wishes, but you also can’t promise inaction.

What If the Complainant Refuses to Participate?

Sometimes an employee raises a concern and then decides they don’t want to be involved in an investigation. Even in that situation, the employer’s duty doesn’t disappear.

The investigation should continue using whatever information is available, including witness accounts, documents or communications, and observations from supervisors. In other words, you work with what you have.

The Bottom Line

If someone tells you about potential workplace harassment, even casually or “off the record,” it’s no longer just information. It’s something you have to act on.

That doesn’t mean every situation requires a full-scale, external investigation. But it does mean taking steps that meet your legal obligations and help maintain a respectful workplace. Because in this context, “just so you know” is rarely just that.

*The information provided is for general informational purposes only and is not intended to be legal advice. Please seek legal counsel for your specific situation.