Resources: Investigations
-
Combative Conduct in the Workplace and the Duty to Inquire
April 2019
Tomasz Rutkowski, a unionized painter in the employer’s engineering department, filed a human rights complaint against his employer concerning its treatment of him in dealing with his mental disability. In Rutkowski v. Westin Bayshore Hotel and another, 2018 BCHRT 235, the B.C. Human Rights Tribunal (the “Tribunal”) dismissed the complaint.
Read More +
Combative Conduct in the Workplace and the Duty to Inquire -
The Benefits Of Proactive Responses To Complaints Of Workplace Discrimination: Lessons From The Alberta Human Rights Commission
April 2019
A recent decision out of Alberta[1] details the value of proactive employer responses to claims of workplace discrimination as a defence to human rights complaints.
Read More +
The Benefits Of Proactive Responses To Complaints Of Workplace Discrimination: Lessons From The Alberta Human Rights Commission -
An Employer’s Duty to Provide a Discrimination-Free Workplace
November 2018
A recent B.C. Human Rights Tribunal decision serves to remind employers of their duty to provide a discrimination-free workplace.
Read More +
An Employer’s Duty to Provide a Discrimination-Free Workplace -
Have I Constructively Dismissed an Employee by Putting Them on Unpaid Administrative Suspension?
October 2018
A recent decision from the Ontario Court of Appeal confirmed that suspending an employee without pay (i.e. an “administrative suspension”), including while the employer conducts an investigation, can constitute constructive dismissal. The Court provided guidance on when and how employees can be placed on suspension during an employer’s investigation.
Read More +
Have I Constructively Dismissed an Employee by Putting Them on Unpaid Administrative Suspension? -
“Investigation is the New Arbitration”: Thoughts on Our Changing Workplaces
July 2018
Every seasoned human resources professional is aware that “investigation is the new arbitration”. When addressing issues of all but the most serious and blatant misconduct, employers are now routinely counselled that if they shoot first and ask questions later, they do so at their peril.
Read More +
“Investigation is the New Arbitration”: Thoughts on Our Changing Workplaces -
The Significant (and Avoidable) Costs of a Poorly Run Workplace Investigation
October 2017
A recent decision of the Ontario Court of Appeal acts as a cautionary tale for all employers when it comes to conducting (or not conducting) workplace investigations.
Read More +
The Significant (and Avoidable) Costs of a Poorly Run Workplace Investigation -
Maintaining Privilege Over An Employer’s Internal Accident Investigation
October 2016
A recent decision of the Alberta Court of Queen’s Bench underscores the importance of taking early steps to retain legal counsel to assist employers with serious workplace accidents. In Alberta v. Suncor Energy Inc, 2016 ABQB 264, certain documents and records created or collected during an accident investigation were protected by litigation and solicitor-client privilege where legal counsel made decisions with respect to the accident investigation within hours of the event.
Read More +
Maintaining Privilege Over An Employer’s Internal Accident Investigation -
Do Employees Have an Expectation of Privacy in Their Text Messages?
September 2016
Information and evidence obtained from social media or electronic communications is playing an increasingly important role in the workplace, but employers must be conscious of employee privacy rights. As a result, the Ontario Court of Appeal’s recent decision regarding whether there is a reasonable expectation of privacy in sent text messages is of particular interest to employers.
Read More +
Do Employees Have an Expectation of Privacy in Their Text Messages? -
Employer Pays For Shoddy Workplace Investigation
August 2016
The B.C. Supreme Court’s decision in Lau v. Royal Bank of Canada, 2015 BCSC 1639 provides a reminder of the crucial importance of conducting a fair, objective and thorough workplace investigation, especially where dishonesty or fraud is alleged.
An investigative stitch in time could well have saved the employer in this case nine months’ worth of damages for failure to provide termination notice, $30,000 in aggravated damages and costs.
Read More +
Employer Pays For Shoddy Workplace Investigation -
Is that “Confidential” Investigation Report actually Confidential?
May 2016
If not set up properly, that “confidential” investigation report may not be so confidential after all. An Ontario arbitrator has ruled that an investigation report prepared by a lawyer is not covered by solicitor-client or litigation privilege as a matter of right. In Durham Regional Police Association v Durham Regional Police Services Board, the arbitrator ordered production of an investigation report to the union which was dissatisfied with the employer’s handling of a harassment situation.
Read More +
Is that “Confidential” Investigation Report actually Confidential?