Overview The two privileges important to a workplace investigation are solicitor client and litigation privilege. Generally, the assertion of solicitor client privilege will turn on a factual review to determine
A summary of the law on these various topics then is as follows: A search of stored electronic communications and notes which violates the expected confidence of the employee
Trend to Disclosure The Supreme Court in its 2006 decision in Blank v Canada stated, what was subsequently interpreted to be a “relaxation” in the acceptance of the litigation
B.C.’s Privacy Act creates a statutory tort. It applies where one person “wilfully and without a claim of right” violates the privacy of another. The nature and degree of privacy,
Intrusion on Seclusion A private employer, and presumably the investigator, could be sued for breach of the expected privacy of an employee for reading an employee’s private files and email,
Protection of Public Interest This issue arose recently in a case in which the party who had complained of workplace abuse was dissatisfied with the consequential investigative report and sued
An investigator appointed to inquire into allegations of wrongdoing will have a legal duty to provide the results of such a review and recommendations as to remedial action, if any,
A similar conclusion was reached in a 2008 decision in Ontario, again due to an unfair investigation of a workplace dispute. The trial judge found that the investigation was unfair
This is the suggested wording of a Policy Manual on Harassment, Discrimination and Workplace Violence. Purpose This policy is established to protect our employees from harassment and workplace violence. It
The decision of the B.C. Supreme Court in Thomson v Berkshire involved a claim which raised issues of the conduct of one of its financial advisors. It became apparent that