If an employee views a confidential file contrary to clear and reasonable policy, she can be fired for cause. That was the judgment of the BC Supreme Court in Steel v. Coast Capital Savings Credit Union 2013 BCSC 527. The Plaintiff, Ms. Steel, was a help desk analyst in the IT department of the Defendant… → Read More
The media is full of the story of a couple from Wales who were fired from their jobs after the husband helped save children from a shark attack. It seems that the husband’s heroics generated a media stir at the time, which led to the employer back in Wales finding out the couple were vacationing… → Read More
In earlier posts, here and here, we discussed some legal issues that arise in workplace investigations. In this post, we will discuss some of the privacy issues that can arise. The investigator is often asked by nervous employees whether their identity and the information they give will be kept confidential. This cannot be guaranteed. Employees being… → Read More
In an earlier post, we discussed when employers may wish to conduct workplace investigations. In this post we’ll discuss who should conduct the investigation. Being lawyers, we usually have a quick answer to this: legal counsel. We recognize, however, that clients don’t have unlimited funds. So practically speaking, each situation will have to be assessed… → Read More
I recently had the opportunity to present a paper summarizing significant human rights decisions of 2012 at the annual BC Continuing Legal Education conference on human rights law. The conference was very well organized and featured a number of excellent topics and speakers. In considering the case summaries I reviewed at the conference, I have… → Read More
It’s time for another instalment in Murphy’s Laws of HR. The first two laws were posted some time ago. #3 is posted in sympathy for those dealing with unionized employees, and to remind those with only non-union employees to count their blessings. Murphy’s Laws of HR #3 – The union always grieves a termination: even when… → Read More
The bloggers of BC Employer Advisor issued our first Month in Review to summarize our most recent posts. Visit the summary here.
The Ontario Court of Appeal has created a new cause of action. It is now possible to sue for damages for a breach of privacy. Tsige and Jones were employees at different branches of the Bank of Montreal. They did not know each other, but Tsige had a relationship with Jones’s ex-husband. Tsige looked at… → Read More