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 on its own facts.
In situations where a simple fact finding determination and assessment of credibility are all that is needed, the skilled manager can suffice, with counsel in the background to point them in the right direction and give legal advice based on any … Continue Reading
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