Fair process, investigator duties, evidence, findings and employer liability.
🏠 Home › 📁 Investigations Index › Privilege and Workplace Investigations Privilege and Workplace Investigations 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 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 will not be allowed. The common law confession rule may
🏠 Home › 📁 Investigations Index › Litigation Privilege Litigation Privilege 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, as set out in the Act, is one which is
🏠 Home › 📁 Investigations Index › Intrusion on Seclusion 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,
🏠 Home › 📁 Investigations Index › Protection of Public Interest 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
🏠 Home › 📁 Investigations Index › Investigations: Qualified Privilege Investigations: Qualified Privilege 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
🏠 Home › 📁 Investigations Index › Example of Unfair Investigation: Peoples v Ontario Example of Unfair Investigation: Peoples v Ontario A similar conclusion was reached in a 2008 decision in Ontario, again due to an unfair investigation of a
🏠 Home › 📁 Investigations Index › Investigations: Workplace Policy Manual Investigations: Workplace Policy Manual 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
🏠 Home › 📁 Investigations Index › Waiver of Privilege Waiver of Privilege Pleadings It has been accepted that the reliance on privileged information in the pleadings in the litigation may constitute a waiver. A denial of allegations will not
