Human Resource Professionals Defence Lawyer for HRPA Professional Misconduct Complaints, Discipline, Investigations, and Hearings

Human Resource Professionals in Ontario are governed by the Human Resources Professionals Association (HRPA) which acts as the province’s regulatory body for the profession. Anyone wanting to refer to themselves as a Certified Human Resources Professional (CHRP), Certified Human Resources Leader (CHRL), or Certified Human Resources Executive (CHRE) must be licensed by the HRPA. HR Professionals are required to follow all HRPA rules and regulations. Sometimes CHRPs are the subject of complaints of professional misconduct which can lead to compliance investigations and disciplinary action being taken. If any professional misconduct is found or you are determined to be practicing while unlicensed, your career could be put at risk.

The HRPA has the power to investigate potential claims of misconduct that arise from complaints from employees, employers, government agencies, members of the public, or other HR Professionals. Sometimes disciplinary action is taken as a result of criminal charges being laid or upon the completion of a quality assurance assessment that can be conducted at any time. If any professional misconduct, incompetence or incapacity is found your designation could be put at risk. This can include mistakes, ethics violations, fraud, sexual abuse or a lack of mandatory reporting or self-reporting compliance.

Since HR Professionals must be authorized by the HRPA to practice, losing HRPA credentials or having restrictions placed on your practice can have a devastating impact on your career and future employability/earning potential.

It is easy to be accused of professional misconduct because filing a complaint with the HRPA is an easy process available to anyone.

It is relatively easy to be subject to a HRPA complaint as the regulator encourages members of the public to submit complaints on their website, see: https://www.hrpa.ca/protecting-the-public/register-a-complaint/.

Once a complaint is filed the HRPA has a mandate to investigate it. The HR Professional will be asked to provide supporting documentation and allow access to their books and records for analysis. The complaint may then be elevated to a hearing or tribunal to hear evidence, witness testimony, and evaluate whether sanctions are warranted.

Potential penalties resulting from HRPA Complaints Committee and Discipline Committee hearings and investigations

HRPA discipline hearings, appeal committees, and judicial reviews can have a devastating impact on an HR Professional's career if not handled properly.

The HRPA have broad powers to discipline HR Professionals who are found to have violated the Registered Human Resources Professionals Act, such as:

1. Reprimands, cautions, and warnings
2. Revoke their HRPA certification
3. Impose terms, limitations or conditions on their HRPA certification
4. Pay fines and restitution for 3rd party losses
5. Undertake rehabilitation counseling
6. Participate in classes and training programs
7. Work under the supervision of other HR Professionals
8. Undergo work inspections
9. Loss of the CHRP, CHRL, and CHRE designations
10. Refer the matter to the police for a criminal investigation to take place, particularly in cases where sexual assault or abuse is alleged

The process of being investigated by the HRPA is also open to the public meaning the HR Professional’s reputation is put at risk. The result of the proceedings will be published online and may show up in online searches for their name, business, or employer. Having a history of disciplinary action or complaints can damage the HR Professional's reputation which can cause them to lose their job or future employment opportunities.

Any investigation by the HRPA is an extremely serious matter that must be successfully responded to.

Ignoring the complaint is not an option as HP Professionals are required to respond, produce documents, and fully cooperate with the investigation along with any subsequent hearings, tribunals, and appeals. If you or your workplace is the subject of a HRPA complaint, investigation, or hearing, it is in your best interest to hire a lawyer to help you respond to and defend the claims being made against you. You may be targeted for something that is standard practice or behaviour that was reasonable in the circumstances.

A lawyer can help you formulate your best possible response to the HRPA which is the first step in having the complaint against you (hopefully) dismissed. This is a process that often requires substantial research of the applicable statutes, regulations and generally accepted HR practices along with prior case precedents that may demonstrate you did nothing wrong or that any mistakes, errors, or omissions made do not warrant significant sanctions being placed on you or your practice.

While it is best to obtain legal representation from the beginning of the complaint process, it is also essential that you have legal representation if your matter has already been elevated to a hearing or tribunal, or you need to appeal a decision via a judicial review or action in the court of appeal. Whether you have just been notified that you are the subject of a complaint or your matter has been ongoing for quite some time, give us a call today for assistance and a free no obligation quote.

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You don't have to jeopardize your future or waste thousands of dollars on excessive legal fees. We provide effective and affordable lawyer representation for those facing professional regulatory body complaints and investigations throughout Ontario, Canada.

Have a skilled lawyer represent you and protect your professional license, standing, and reputation.




Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only. Not all cases are handled personally by Mark Zinck, nor does Mark Zinck warrant to be an expert in or practice in all areas of law and topics discussed on this website including, but not limited to, civil, administrative, and/or regulatory law.

*2024 Results: the percentage of 99% of clients avoiding a criminal record (conviction) stated on this page is based solely on Lawyer Mark Zinck's personal representation of approximately 2000 criminal defence case clients as of the year 2024. Past results are not necessarily an indication of future results.

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