Financial Post contributor and senior partner of Levitt LLP, Howard Levitt explores a recent Supreme Court of British Columbia decision, Manak v. Workers’ Compensation Board of British Columbia, featuring Roper Greyell lawyer, Maggie Campbell who represented the employer.
Below are Howard Levitt’s six lessons to employers on building a case for cause:
1. Define the core values: Confidentiality was of central importance to the functioning of the Board and, in particular to her role. Manak signed a covenant and undertaking underscoring its significance.
2. Be patient in an investigation: The employer took the time to interview witnesses. It also interviewed Manak twice. This process ensured that she was afforded a full opportunity to respond to the allegations and evidence and to commit her to a position.
3. Take detailed notes of the investigation: Considering that the trial of a case may take place years after an investigation and terminations and the inevitable fading of memories over time, the notes assume critical significance for assessing credibility.
4. Obtain signed statements: In this case, Kuss had a dim memory of some of the relevant conversations, but the statements with her confirmation proved persuasive to the court.
5. Put specific allegations to employee: In this case, the employer was also able to rely on the grounds of lack of candour because it had confronted Manak with the allegations and she persisted in her denials.
6. Give the employee reasonable time to consider the offer: While the court ultimately upheld the settlement, it was critical of Worksafe for giving only a 24-hour ultimatum, which it described as “a short fuse.”
Read Howard Levitt’s complete article here.
Click here to learn more about Maggie Campbell.