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When an employer is made aware of allegations of employee misconduct, employment lawyers generally advise that they are expected to respond fairly and conduct some form of investigation before reaching any conclusion on fault for the misconduct and any resulting discipline. Given the potential duration and cost of an investigation process, an employer may be
With the frequent use of email in the workplace, it is not surprising that the occasional embarrassing message has been sent to the wrong user. A recent decision of the Divisional Court, however, should caution all employers that an inadvertent email may not only be embarrassing but can also have significant legal consequences. In Fernandes
We recently sat down to discuss what employee clients can do both before and during their first meeting with us to contribute to the exchange being successful. These are the clients who seek our advice in terms of a possible wrongful dismissal, a sexual harassment complaint, helping them respond to an offer of employment, or
An interesting case crossed my desk this week. It was the wrongful dismissal case of Whiteman v. Eastern Lift Truck Inc. 183 A.C.W.S. (3d) 87. The case was recently decided by Mr. Justice Ray of the Superior Court of Justice. What jumped out at me was how efficiently the plaintiff and his counsel made use
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