In our digital era, investigators must be increasingly technologically savvy. Evidence can take on many forms, including texts, emails and social media accounts. Many employers provide company-issued phones, which, more often than not, happen to be iPhones that are controlled by Apple IDs and rely on virtual storage. As the workplace is further digitized, and as more offices become mobile or virtual, investigations will naturally be dealing with evidence that is stored virtually on a cloud. As the decision District of Houston v. Canadian Union of Public Employees, Local 2086 (“District of Houston”) illustrates, sometimes when evidence is stored virtually, it is not so easy to access.
During the last several months, many of you have probably found yourself waking up in the morning and thinking: who’s next? Which towering figure from the world of entertainment, art, politics, restaurants, media — you name it — will be toppled due to accusations of sexual harassment? I am an employment lawyer who has worked
A decision out of the Federal Court of Appeal this month has provided a reminder for investigators that their approach, their reports and the eventual findings must be reasonable in order to pass judicial scrutiny. The decision, Emerence Miakanda-Batsika v. Bell Canada 2016 FCA 278, is an endorsement of a previous Federal Court decision (2014
Recently, Kim Stacy, owner of the now defunct Emma’s Eatery in Nova Scotia, sparked a social media debate by complaining that a frustrating new generation of employees has helped put her out of business. Ms. Stacy complained that during the nine years her eatery was open, young employees demanded to be paid dearly for working