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A recent decision of the Superior Court of Justice, O’Reilly v Purolator Courier Ltd, 2014 ONSC 3266 (CanLII), suggests that questions regarding how a workplace investigation was conducted may mean that a release signed in favour of the employer may not be enforceable. The facts of the case are straightforward. In 2007, two female Purolator
Lately, I have had the opportunity to assist a number of employees who have had the unfortunate displeasure of being the recipients of a harassment complaint against them; let’s call them the “Respondents” for ease of reference. Each Respondent has expressed to me their initial reactions to the complaints. They are remarkably similar. They tell
“I feel the need, the need for speed.” For those of us raised in the 80s, this is the battle cry of Top Gun’s Maverick and Goose. But for many folks tasked with conducting internal workplace investigations, this quote may also call to mind the manager, lawyer, union leader, complainant or Board member that puts
“I cannot reasonably conclude that an investigation conducted by a manager who has been in a romantic relationship with the Complainant is reasonable or appropriate in these circumstances.” That is just one of the investigation flaws found by NSHRC Chair, Kathryn Raymond, in the matter of Cromwell v. Leon’s Furniture Limited in a decision rendered
The extent to which an investigation report must be disclosed is not yet a settled issue in the case law. While solicitor-client privilege is at times used by lawyers to withhold reports from the parties, a recent decision from British Columbia’s Office of the Information and Privacy Commissioner (the “IPC”) has now added privacy legislation
Just last week, I wrote about the Miami Dolphins’ swift and effective response to offensive tweets posted by a player in response to the NFL’s draft of its first openly gay player, Michael Sam. Within a week, news of offensive and sexist e-mails written by Richard Scudamore, the Chief Executive of the Premier League, were
I have been “away” for the last number of years, and here I am, back in Halifax, with my own workplace investigation practice. My pleasure at being home has been tempered by the potholes populating Halifax streets. As I was bobbing and weaving down roads leading toward and away from everywhere, I started thinking about
“CIBC was cavalier, insensitive, and reckless. They forged ahead with a termination for cause based on inaccurate and incomplete information despite knowing they had a heightened responsibility to get it right.” This is the way The Honourable Mr. Justice Wong of the British Columbia Supreme Court described the CIBC’s decision to dismiss an employee for
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