Peoples v Ontario 2008
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…
Voluntary Investigation
The advantage of conducting an investigation where there is not a mandatory obligation to do so is apparent. Given a workplace conflict, the employer will want to determine what the…
Unfair Investigation and Honda
Is an Unfair Investigation within the “Manner of Termination” The B.C. Supreme Court trial decision, Vernon, discussed previously, drew the distinction between the manner of termination and the investigative…
Lau v Royal Bank 2015
An award of aggravated damages in the sum of $30,000 was also made by the British Columbia Supreme Court, finding that the company conducted a flawed investigation as it did…
Boucher v Wal-Mart 2014
This is an example of the principles reviewed here, showing the need to conduct a fair investigation given allegations of serious wrongdoing. In this case, the Ontario Court of Appeal…
City of Calgary v CUPE 2013
The fundamental legal principle is reviewed here. This case is a good example of the consequences which may follow from the lack of an effective investigation, which led to further…
Vernon v B.C. 2012
Vernon v BC January 2012 – Aggravated - $35,000, Punitive - $50,000 The failure of the employer to conduct a reasonable and fair investigation was again the subject of judicial…
Pate v Galway 2013
This is an unusual case. The plaintiff was fired due to allegations of fraud. Criminal charges were also laid on which the plaintiff was acquitted. The end result, following two…
Elgert 2011
The Alberta Court of Appeal decision of Elgert v Home Hardware provides a further vivid example of the adverse consequences which may be suffered by a company for failing to…
Downham 2005
Downham Ontario Superior Court December 2005 This case, Downham v County of Lennox and Addington, like those mentioned below, showed a fundamentally flawed investigation which adversely impacted the damages suffered…