Investigations - Canadian Employment Law

Rules in Conducting the Investigation

dqh July 24, 2024 No Comments

Explanatory Introduction The investigator should explain to the person interviewed their role, the ambition to investigate a complaint, that they will act as a third party neutral and enter the

Anecdotal Review

dqh May 10, 2024 No Comments

Below are cases which reflect a flawed workplace investigation case by case. A principled review is shown here. A summary of further cases in chart format appears here.

Privilege and Workplace Investigations

dqh April 24, 2024 No Comments

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

Ontario Divisional Court on Duty to Investigate

dqh April 19, 2024 No Comments

The Ontario Divisional Court, in April of 2024, considered the conflicting issues arising due to a workplace harassment issue. The two colliding values were the protections afforded to individuals’ right

Summary of Due Process Safeguards

dqh March 3, 2024 No Comments

Summary of the Due Process Standards of the Investigation The following reflects the principles discussed in the above section. The suspected one should know the substance of the allegations made

Right of Suspension Pending the Investigation

dqh March 3, 2024 No Comments

Right of Suspension Pending the Investigation The statement in Geluch, referenced in the due process review, advocated that the employer should have the right to suspend the employee with pay

Analogy to Union Representation

dqh February 20, 2024 No Comments

The issue of the interpretation of the rights of the unionized worker may be relevant to the rights of the common law employee in the investigative process, as reviewed above.

Summary of the Rights of the Employee

dqh February 5, 2024 No Comments

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

Canada Labour Code Mandated Policy and Duty to Investigate

dqh January 14, 2024 No Comments

Effective January 1, 2021, Canada enacted new regulations and revised the Canada Labour Code which expanded the legal obligations of employers with respect to the issue of preventing and responding

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