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 or directing a workplace investigation, including privacy, confidentiality, and the issue of legal privilege.
We will also discuss who should conduct the investigation, including when to use counsel, and when investigating counsel should be different than an employer’s usual employment counsel.
Finally, we’ll discuss some … Continue Reading
On October 10, 2012, a jury awarded a former Wal-Mart employee over $1.4 million dollars in damages. The jury found that the employee was constructively dismissed due to an abusive work environment at the Windsor Wal-Mart store. This is the largest such award in Canadian history and, as expected, will be appealed by Wal-Mart.
Summary of the Claim
Although the case is not publicly available, we can glean some facts from media reports and the Statement of Claim.
Meredith Boucher was an assistant manager at a Wal-Mart in Windsor, Ontario with nine years service. She alleged abuse by the store … Continue Reading
Employees terminated after the expiry of their collective agreement are not entitled to severance pay. That is the bottom line, and the end of the line, for the former employees of Mercury Graphics since November 8, 2012 when the Supreme Court of Canada refused to hear their appeal. The Saskatchewan Court of Appeal decision stands and provides some useful guidance for employers throughout Canada.
It is important to note that the result could be different under different collective agreement language. Some things to consider are highlighted below.
In the case of Mercury Graphics, the collective agreement term ended and the … Continue Reading