Can a Federal Employee Judicially Review a Workplace Harassment Report in Ontario?

Can You Challenge a Workplace Harassment Investigation in Federal Court?

Generally, no — not directly, and not while other available processes are still open. A recent Federal Court decision makes clear that workplace harassment investigation reports prepared by an investigator the employer selected do not automatically become government decisions that a court can review. The path to challenging such a report depends heavily on who conducted the investigation, what process was used, and whether other remedies remain available.

In Ferdoussi v. Air Canada, 2026 FC 1227 (CanLII), the Federal Court dismissed an application for judicial review of workplace harassment investigation reports and of a disciplinary letter and seven-day suspension. The court had no jurisdiction to review the reports. It also dismissed the challenge to the discipline as premature, because a grievance of that letter and suspension had been filed and was still ongoing.

What Is Judicial Review and When Does It Apply?

Judicial review is a legal process that allows a court to examine decisions made by government bodies — not private parties. For the Federal Court to have jurisdiction, the decision being challenged must come from a “federal board, commission or other tribunal” as defined in the Federal Courts Act. The key requirement is that the body exercised some form of state or public authority.

Where a workplace harassment investigation is run by an investigator the employer selected — even within a regulated framework — the resulting report may not meet that threshold. The court in this case found that the employer’s role of selecting the investigator and receiving the report was not enough to make the reports a decision of a federal board. The court therefore had no jurisdiction to decide whether the reports were fair.

Does the Workplace Harassment and Violence Prevention Regulations Process Change This?

Not automatically. Federal workplaces are governed by the Workplace Harassment and Violence Prevention Regulations, which set out a structured process for responding to harassment complaints. However, the existence of a regulatory framework does not automatically make every step within that framework a government decision open to judicial review.

The court’s analysis focused on who actually made the decision and what power they were exercising. Because the employer — not a government body — selected the investigator and the report was delivered as part of an employer-driven process, the reports were found not to be reviewable. The regulatory backdrop alone was insufficient to change that conclusion.

Do Unionized Employees Have to Use the Grievance Process First?

Yes, in most cases. Unionized employees are generally required to exhaust the remedies available under their collective bargaining agreement before seeking relief from a court or tribunal. This principle — sometimes called the “exhaustion” requirement — reflects the fact that grievance arbitration exists specifically to resolve workplace disputes, including discipline.

In this case, the application challenged both a disciplinary letter and a seven-day suspension. The employee had already filed a grievance of that discipline, and the grievance was still ongoing. No special circumstances were alleged that would let the court step in before the grievance process finished. The court dismissed that part of the application as premature and did not decide whether the discipline was appropriate.

If you are a unionized worker dealing with discipline or a harassment finding, our Ontario employment lawyers can help you understand how your collective agreement interacts with other legal options.

What Happens When a Court Dismisses an Application for Lack of Jurisdiction?

A jurisdictional dismissal means the court has not ruled on whether the employer was right or wrong. The underlying dispute — whether the harassment findings were accurate, whether the discipline was fair — remains unresolved. The worker is not necessarily without options, but they must pursue those options through the correct channel.

For unionized employees, that typically means the grievance and arbitration process. For non-unionized federal employees, other avenues may exist depending on the nature of the complaint. The key point is that a dismissal on procedural grounds is not a vindication of the employer’s conduct.

What Should Employees Know About Challenging Workplace Investigations?

The process used to conduct an investigation matters as much as the outcome. Before deciding how to challenge a harassment finding or related discipline, employees should understand:

• Whether the investigation was conducted by a government body or by an investigator the employer selected
• Whether a collective bargaining agreement applies and what grievance rights it provides
• Whether any statutory complaint mechanisms exist (such as under the Canada Labour Code)
• What deadlines apply to grievances or other complaints
• Whether the disciplinary decision has been formally communicated and is final

Employees in the Hamilton, Burlington, and broader Ontario region who work in federally regulated industries — airlines, banking, telecommunications — face a distinct legal landscape from provincially regulated workers. Our employment lawyers serving Burlington are familiar with both frameworks.

Questions and Records to Discuss with a Lawyer

• Do you have a copy of the harassment investigation report and any disciplinary letters you received?
• Is your workplace governed by a collective bargaining agreement, and have you reviewed the grievance timelines it sets out?
• Were you represented by your union during the investigation or disciplinary process, and what position did your union take?
• Is your employer federally or provincially regulated, and does that affect which complaint bodies are available to you?
• Have any internal appeal or review steps been completed, or are they still available?

If you have questions about a workplace harassment investigation, a disciplinary suspension, or whether you have been wrongfully dismissed, the circumstances of your situation will determine which options are available. Reach out to UL Lawyers through /connect to discuss what happened and what steps may be open to you.

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This article is automated commentary on a public court decision and is for general information only — not legal advice. Decisions rely on facts unique to each case. If you are affected by a similar issue, contact a lawyer for advice specific to your situation.