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British Columbia Employer Advisor Keeping Employers Posted on Developments in Labour and Employment Law

Category Archives: Investigations

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“Workplace Investigations – Part 3”

By Donovan Plomp on Posted in Discipline, Discrimination, Human Rights, Investigations, Just Cause, Termination, Workers Compensation, Wrongful Dismissal

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

Workplace Investigations – Part 2

By Donovan Plomp on Posted in Damages, Discipline, Human Rights, Investigations, Just Cause, Termination, Workers Compensation, Wrongful Dismissal

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

Workplace Investigations – Part 1

By Donovan Plomp on Posted in Damages, Investigations, Just Cause, Termination, Wrongful Dismissal

With the complexity of workplace law and issues, employers are subject to an increasing number of workplace obligations.  When a workplace incident arises it’s often required, or at least advisable, that an employer conduct a prompt and thorough investigation. In this and subsequent posts, we will review some key legal issues that arise in conducting… → Read More

Month in Review

By McCarthy Tétrault LLP on Posted in Accommodation, Age, Benefits, Compensation, Pensions, Damages, Discipline, Discrimination, Employee Obligations, Employment Standards, Family Status, Human Capital, Human Rights, Immigration, Investigations, Just Cause, Labour Relations, Litigation, Murphy's Laws of HR, Privacy, Recruiting, Termination, Unions, US vs.Canadian Employment Law, Wage and Hours, Workers Compensation, Wrongful Dismissal

The bloggers of BC Employer Advisor issued our first Month in Review to summarize our most recent posts. Visit the summary here.  

Responding to ESA Complaints

By Earl Phillips on Posted in Employment Standards, Investigations

An employer should respond promptly, fully and carefully when it receives communications regarding possible violations of the Employment Standards Act (British Columbia). In most cases, the complainant must use the “Self Help” process to try to resolve the matter directly with the employer. That process starts with a Request for Payment to the employer. The… → Read More

Investigations and Terminations That Cost – Part II

By Earl Phillips on Posted in Investigations, Litigation, Termination, Wrongful Dismissal

Last week we looked at the flawed investigation leading to the termination of a long service employee. This week, we look at the problems with the termination process. Stephanie Vernon spent her entire working life – 30 years from the age of 19 – working for the Liquor Distribution Branch. A particularly sensitive employee made a… → Read More

Investigations and Terminations That Cost – Part I

By Earl Phillips on Posted in Investigations, Litigation, Termination, Wrongful Dismissal

A B.C. employer has recently been hit with a significant damage award related to the termination of a long service employee. The court found two major problems: a flawed investigation and an insensitive termination. This week, we look at the investigation. Stephanie Vernon spent her entire working life – 30 years from the age of 19… → Read More