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Home > Our Insights > 5 Key Steps for a Proper Workplace Investigation
Publication

5 Key Steps for a Proper Workplace Investigation

Published:

May 19, 2017

Author(s):

  • Ryan Baxter
  • Ryan McCarville

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Investigations are a vital – but difficult – part of workplace management. The value of a proper investigation can’t be overstated: it plays a pivotal role in the imposition of discipline (and any subsequent challenge to such discipline) and provides an important safeguard to employees’ right to procedural fairness. An employer that conducts an improper (or no) investigation leaves itself exposed to potential liability and other negative consequences, including a successful claim for punitive damages, human rights complaint(s), civil legal action or grievance. An effective and fair workplace investigation results in a solid conclusion based on which the employer can take decisive and appropriate action – and preclude negative consequences down the road.

Here are five key steps to conducting a proper workplace investigation.

1.    Procedural Fairness 

An employer is bound by principles of procedural fairness in imposing discipline, and this generally entails an obligation on the employer to investigate the circumstances before disciplining an employee. Generally, an employer should carry out a workplace investigation whenever there is or may be  some form of employee misconduct or inappropriate workplace behaviour – like bullying or harassment (sexual harassment or otherwise) or workplace drug use – including when there’s a complaint under the applicable workplace harassment policy or a law (such as applicable occupational health and safety, human rights and/or employment standards laws). The employer’s broad objectives in such an investigation are the opportunity to get the facts straight before confronting the employee(s), give the employee an opportunity to present their version of events and/or explain their conduct, and ultimately verify whether discipline is warranted and if so, the surrounding circumstances (including mitigating or aggravating factors) to assist it determine the appropriate discipline. Every effective workplace investigation, regardless of its nature, must embrace four overarching principles:

Neutrality. Investigators must not have a personal stake in the outcome of the investigation or pre-judge the issue.

Fairness. Employers have a duty to conduct workplace investigations in a fair and impartial manner. “Fairness” depends on the circumstances of each investigation, but at a minimum, all parties involved must have the opportunity to provide all relevant information and to have the investigator consider it.

Thoroughness. Uncover all information necessary to make the proper decision and to ensure that conclusions are supported.

Timeliness. Act promptly to avoid further acts of wrongdoing and impose discipline in a timely manner or risk a successful challenge in a court or arbitration.

2.    Framework 

Implementing a systematic investigation framework helps ensure the overarching investigation principles are respected and the investigation is properly conducted.

Objective. Ensure both the organization and the investigator are clear about its objective from the outset. This guides the investigator’s work and reduces the likelihood the investigation will deteriorate into a fishing expedition and avoid wasted time and resources.

Scope. Determine the scope of the investigation early: limited to factual findings, extends to drawing conclusions and includes recommendations for employer action.

Timing. Over time, memories fade and documents are lost: start and complete the investigation as soon as possible, but strike a balance between a speedy investigation and a thorough one.

Investigator. Promptly decide whether an internal or an external investigator will conduct the investigation. A “staff” investigator can investigate simple and straightforward complaints and avoid incurring costs associated with retaining an external investigator. The employer can retain an external investigator where there’s no internal investigator or the scope or the nature of the investigation makes it appropriate, for example where the issues are complex, the allegations are serious, or there’s a concern with respect to an internal investigator’s neutrality.

3.    Preliminary issues

The investigator and employer should address any preliminary issues before embarking on the investigation interviews.

Assessment. Assess the complaint by considering its nature, who’s involved, and what workplace policies come into play. The employer should also assess the interim employment status of both parties; if the complainant doesn’t feel safe in the workplace, consider transferring them to another area in the workplace or to granting a leave of absence; if the nature of the alleged misconduct causes concern for the safety of others, consider placing the respondent on a paid leave of absence during the investigation.

Employee Concerns. Often, one or more involved employees is reluctant to participate in an investigation. There are a host of concerns they might raise, but ultimately the employer has an obligation to investigate workplace misconduct – and generally the right to insist its employees co-operate, and to (reasonably) discipline an employee for refusing to cooperate (but give them an opportunity to comply first).

Disclosure. Individuals involved are entitled to differing degrees of disclosure before they are interviewed as part of the investigation:

  • Respondent. The respondent is entitled to know that a complaint has been received in which they have been named, the complainant’s identity and sufficient detail to allow them to know generally what matters will be discussed in their interview.
  • Witnesses. Witnesses are often the most curious about the investigation but have no rights respecting either privacy or disclosure during the investigation and no need to know the nature of the allegations before their interview.

Privacy. Courts (or arbitrators) evaluating an investigation attempt to balance the employees’ privacy interests against the employer’s legitimate business interests so both the employer and the investigator must be cognizant of any privacy rights and act accordingly. The parties have a right to privacy and confidentiality; the more sensitive the subject-matter, the more care an employer should take to protect these rights. But there are limits because it’s necessary to share certain information during the investigation for the process to be fair and thorough, such as the respondent’s right to know the particulars of the case made against them, particularly in a formal harassment investigation. The investigator and the employer must, however, handle the complaint and the investigation in a confidential manner and make every effort to avoid unnecessary, and perhaps inadvertent, disclosure, only sharing information about the facts of the investigation – particularly names of those involved and the subject matter – with those who need to know.

4.    Interviews

The interviews are often the most crucial stage of the investigation because the investigator typically obtains most  of their information here, and has the opportunity to assess the witnesses’ credibility.

Preparing. Advance preparation is key to an interview that yields useful and credible evidence to aid in the investigation:

  • Who. Decide who to interview. Initially, the interviewees might be limited to the complainant and the respondent; others the investigator must interview typically becomes apparent after the initial interviews with the complainant and respondent. The main factor determining who the investigator needs to interview is whether the person has information relevant to the objective of the investigation. There’s no requirement to interview everyone the parties put forward; the more witnesses the investigator interviews, the greater the likelihood of compromising confidentiality. Generally, the investigator should interview witnesses to the more significant events indicated in the complaint, not necessarily those with knowledge of more trivial incidents, but should interview any witnesses both the complainant and the respondent name.
  • When. It’s common to interview the complainant first, followed by the witnesses the complainant names, then the respondent, followed by the witnesses the respondent suggests, and lastly any required follow-up interviews. But the investigator should remain flexible when deciding the order; the facts or concerns that witnesses might try to falsely corroborate each other’s stories might suggest a different order.
  • What. Before the interview, prepare questions based on the understanding of the incident. Generally, the interview should start with “open-ended” questions (ones that don’t suggest an answer) to the interviewee to give them the opportunity to provide their own account of the incident and possibly provide new information of which the investigator may not be aware when preparing the questions. Therefore, it can be effective to use a combination of open-ended and closed-ended questions. Inevitably, the witness’s answers will lead to additional clarification questions. It’s important that the investigator seek very specific details with respect to times, dates, locations, individuals involved, and other witnesses.

Conducting. Conduct the interviews as soon as possible, while memories remain fresh.

  • Team-up. Where possible, two people together should interview each witness to allow better note-taking and to give the employer two witnesses to testify about the interviews if there’s a subsequent hearing.
  • Preliminary Matters. At the beginning of each interview, the investigator should: explain the employer has asked them to investigate a complaint or issue brought to the employer’s attention; explain they want to learn what, if any, relevant information the interviewee might have; advise they are looking for facts, not personal opinion; describe the nature of the complaint, providing only those details necessary to make the interview meaningful; advise the interviewee the investigation process is confidential and the interviewee shouldn’t discuss it or the interview with anyone; and remind the interviewee of the importance of providing honest and accurate responses.
  • Note-taking. Record the date, time and the names of the interviewee and anyone else present at the interview. All interview notes might be admissible in any future legal proceeding related to the complaint, so make all notes and records on the assumption they will be disclosed in the future: they must be credible, comprehensive and comprehensible and avoid any comments or notes that could be construed as prejudging the issue. Get the handwritten notes typed as soon as possible and check the accuracy of the typed version.
  • Interviews. The interview is intended to provide a clear understanding of what happened so the employer can determine what – if any – discipline is warranted, so obtain all relevant information from each party. Before concluding each investigation interview, review the draft interview questions and notes to determine whether they require any further information or clarification from the interviewee.
    • Complainant. Obtain a clear understanding of the complainant’s view of what happened before, during and after the incident(s) and whether there were any witnesses and who.
    • Respondent. Assure the respondent the employer is dealing with the complaint as confidentially as possible, and advise the respondent to maintain that confidentiality. If the complaint is regarding a breach of human rights legislation, caution the respondent (and every other witness) that human rights law prohibits any reprisal against the complainant. Disclose the complainant’s allegations and any material facts or evidence gathered during the investigation.
    • Witnesses. Advise witnesses about their impartial role in an investigation and provide enough information so the witness can comment on the incidents they may have observed, while limiting information that would reveal names and identities of those involved, if at all possible. Once again, highlight the confidentiality of the investigation. While it is not necessary to share full particulars of the complaint with witnesses, it may be necessary and justifiable to share some information to determine whether the witness has relevant information.
  • Take Stock. Assess the credibility of each witness during or immediately after the interview, noting divergences in the evidence and filling in any gaps to the greatest extent possible. When judging credibility, consider the witnesses’ demeanour during the interview, consistency with most of the other evidence and internally, whether the story is logical, is corroborated by other testimony and any possible motive to fabricate an allegation or evidence. This is when the investigator should determine whether they require any follow-up or additional interviews and schedule and conduct them accordingly.

5.    Finalize the Investigation 

Complete the investigation – conduct all necessary interviews and obtain all relevant documents – as soon as possible:

Factual Findings. The investigator’s primary role is to make findings of fact that lead to a conclusion. Often, the employer will draw the conclusion and/or decide the appropriate course of action based on the investigator’s findings of fact, though the investigator might do so if directed by the employer. Factual findings in an internal investigation are based on a “balance of probabilities” standard: based on all of the evidence is it “more likely than not” (greater than a 50% chance) the alleged fact actually happened? Consider factors like parties’ and witnesses’ demeanour and credibility, any corroboration, and the adequacy and consistency of the facts the parties and witnesses allege.

Outcomes. There are three typical outcomes of an investigation: substantiated (the preponderance of the evidence substantiates the conduct or the complainant’s allegation(s)), not substantiated (the preponderance of evidence supports the view that the conduct or complainant’s allegation(s) couldn’t have happened and/or is without a reasonable basis); and inconclusive (the conduct or allegation(s) may have happened but the preponderance of evidence fails to prove they occurred).

Report. It’s sometimes appropriate for the investigator to prepare a report. Regardless of its form and remembering it could become evidence in further legal proceedings, the report should: present all the relevant information identified during the course of the investigation; analyze it; and contain findings of fact and, if the investigator is charged with making a determination, their conclusions. The employer is generally not obligated to providing a copy of the final report to the parties or to anyone else, and ideally circulate it only among the final decision-makers to protect confidentiality and the possibility that it’s privileged and not subject to disclosure in any legal proceeding.


Please contact your McInnes Cooper lawyer or any member of the Labour & Employment Team @ McInnes Cooper to discuss this topic or any other legal issue.


McInnes Cooper has prepared this document for information only; it is not intended to be legal advice. You should consult McInnes Cooper about your unique circumstances before acting on this information. McInnes Cooper excludes all liability for anything contained in this document and any use you make of it.

© McInnes Cooper, 2017. All rights reserved. McInnes Cooper owns the copyright in this document. You may reproduce and distribute this document in its entirety as long as you do not alter the form or the content and you give McInnes Cooper credit for it. You must obtain McInnes Cooper’s consent for any other form of reproduction or distribution. Email us at [email protected] to request our consent

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    Workplace sexual harassment isn’t a new issue, nor is it limited to any one industry or country – but it's one that far more women than men…

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    Webinar
  • More Valuable Than Money? The 5 Most Common Equity Compensation Plans

    Apr 2, 2018

    Equity compensation plans are a valuable and versatile tool for many corporations, from early-stage startups to established blue-chips.…

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    Publication
  • #It’s Time: A 5-Step Sexual Harassment Risk Mitigation Strategy for Employers

    Mar 29, 2018

    We updated this publication on March 11, 2020. The #metoo and #timesup movements drove workplace sexual harassment to the front and center of…

    Read More
    Publication
  • Be Diligent: 5 Practical Steps to Enforceable Workplace Policies

    Feb 2, 2018

    Many employers use written workplace policies as a day-to-day workplace management tool; common examples include attendance management policies,…

    Read More
    Publication
  • Medical Cannabis Health Benefits Coverage Strategy: Key Considerations

    Jan 25, 2018

    Insurers have generally been leery of coverage for medical cannabis in both the health benefit claims and in cost of care claims in the personal…

    Read More
    Publication
  • Denis Mahoney & Brittany Keating in the NLCA 2018 Construction Journal | Testing 1-2-3: The latest on drug & alcohol testing in safety-sensitive workplaces

    Dec 18, 2017

    The answer to the question, “What’s employers’ rationale for implementing workplace drug and alcohol testing?” is pretty…

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    Publication
  • 5 Helpful Holiday Hints for Human Resources

    Dec 8, 2017

    This article has been updated as of December 2, 2021. For many people, the holiday season now upon us is a fun-filled time of the year. But…

    Read More
    Publication
  • Protect Your Assets: 3 Best Practices for Intellectual Property (IP) Owners

    Oct 31, 2017

    Intellectual Property (IP) can be a valuable asset – even the most valuable asset – of a business. So it’s worth making sure the business…

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    Publication
  • No NAFTA? No Problem – For Temporary Business Travel, That Is

    Sep 22, 2017

    Canada’s most important trading relationship is – in all likelihood – about to change: the current U.S. administration has put the future…

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    Publication
  • 5 Employer “Family Status” Discrimination & Accommodation FAQs

    Sep 21, 2017

    This publication has been updated as at January 13, 2022. An increasing number of employees are struggling to meet the challenge of the…

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    Publication
  • Relief is Here: N.S. Registered Defined Benefit Plans Get Temporary Solvency Funding Relief

    Aug 11, 2017

    After years of low interest rates, and correspondingly high solvency liabilities, there’s growing recognition that the solvency funding model…

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    Publication
  • Federal Human Rights Law: No Gender Identity or Expression Discrimination

    Jul 28, 2017

    This publication has been updated as of October 14, 2020. On June 19, 2017, Bill C-16, An Act to amend the Canadian Human Rights Act and the…

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    Publication
  • Take Pride @ Work: 5 Ways Employers Can Support Gender Diversity

    Jul 28, 2017

    This publication has been updated as at June 10, 2022.  The rapid rise in ESG (Environment, Social and Governance) principles has increased…

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    Publication
  • Jack Graham in Canadian Lawyer InHouse: Deconstructing the Workplace

    Jul 13, 2017

    More employees are seeking flexible work arrangements as a new way of working to better juggle their family and personal responsibilities. In…

    Read More
    Publication
  • Bradley Proctor in the Workplace Environment Health & Safety Reporter

    May 16, 2017

    Recreational cannabis isn’t legal yet: Canada’s federal government has proposed legislation to legalize and regulate access to recreational…

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    Publication
  • Cannabis Legalization in Canada: Seeds have sprouted, but the branches are still bare

    Apr 20, 2017

    On April 13, 2017, Canada’s federal government introduced legislation that, if passed into law, will legalize recreational cannabis in Canada.…

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    Publication
  • Nip it in the Bud: A 5 Step Plan for Employers to Prepare for Cannabis Legalization in Canada

    Apr 17, 2017

    Recreational cannabis isn’t legal yet - but much of the associated stigma is already gone, usage is up and employers are feeling the workplace…

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    Publication
  • The Atlantic Immigration Pilot Program (AIPP): 5 Key Opportunities & Risks for Employers

    Feb 22, 2017

    On January 1, 2022, the Atlantic Immigration Pilot Program became the permanent Atlantic Immigration Program (AIP). Learn more at From Pilot to…

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    Publication
  • 12 Key Do’s & Don’ts of Hiring & Firing

    Jan 31, 2017

    We updated this publication on April 5, 2023. The hiring process and the termination process are equally important stages of the employment…

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    Publication
  • 5 Employer FAQs About Religious Accommodation @ Work

    Dec 13, 2016

    Employers’ legal duty to accommodate employees seems to most frequently come up in the context of employees with disabilities. But that duty…

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    Publication
  • Businessperson or “Business Visitor”: Canada’s Business Visitor Visa Rules

    Nov 22, 2016

    Canada’s most important trading relationship might undergo some change with the results of the 2016 U.S. election. Facilitating cross-border…

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    Publication
  • The 5 Key Elements of an Attendance Management Program (AMP)

    Nov 15, 2016

    The employment contract is an exchange of labour for wages and other benefits, so employers are entitled to expect regular ongoing attendance…

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    Publication
  • 3 Key Employment Law Steps to Take Now to Help You Sell Later

    Oct 19, 2016

    Business owners wear many hats – including employer. Your employees may be your business’s greatest asset, but they could also be your…

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    Publication
  • Uber Angst: Employees & Independent Contractors in the Sharing Economy

    Sep 29, 2016

    Whether someone is an employee or an independent contractor has long caused employers a degree of angst. And the recent emergence of a new…

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    Publication
  • No Union? No Problem: Supreme Court of Canada Decides Canada Labour Code Bars Dismissal of Non-Unionized Employees Without Cause in Joseph Wilson v. Atomic Energy of Canada

    Jul 15, 2016

    On July 14, 2016, the Supreme Court of Canada decided that the “Unjust Dismissal” sections of the Canada Labour Code ensure that…

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    Publication
  • NS Dives into Pooled Registered Pension Plans (PRPP)

    Jun 30, 2016

    As of June 25, 2016, provincially regulated workers and employers in Nova Scotia, Quebec, BC and Saskatchewan can participate in Pooled…

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    Publication
  • Label Delicate: Workplace Dress Codes Test & Tips

    Jun 29, 2016

    Employers are entitled to mandate dress codes in the workplace, and even to discipline employees who refuse to comply. But a workplace dress…

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    Publication
  • The OHS Due Diligence Defence: 5 FAQs

    May 2, 2016

    We updated this publication on May 8, 2023. “Due diligence” is a legal defence to many charges under occupational health and safety (OHS)…

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    Publication
  • Metron Project Manager Gets 3 ½ Years Jail Time for Workplace Accident

    Mar 9, 2016

    On January 11, 2016, the Ontario Superior Court of Justice sentenced a front-line supervisor to imprisonment for 3½ years for four counts of…

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    Publication
  • 3 Tips to Manage Employee Tardiness Due to Adverse Weather Conditions

    Feb 23, 2016

    Employee tardiness is a significant problem for employers - and bad weather is one of the top three reasons that employees give for it according…

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    Publication
  • The Top 12 Employment Contract Terms

    Feb 1, 2016

    We updated this publication on April 13, 2023. A well drafted and properly implemented written employment contract can be instrumental to…

    Read More
    Publication
  • An Ounce of Prevention is Worth a Pound of Response: The W-5’s of Managing Conflict & Preventing Harassment, Bullying & Violence @ Work

    Dec 7, 2015

    Violence has become an unfortunate reality in current society, and the workplace is not immune. With more people spending more time at work,…

    Read More
    Publication
  • 10 of the Top Employers’ Attendance Management Problems

    Aug 13, 2015

    The employment contract, at its core, is an exchange of work for compensation. So at a very basic level, employers are entitled to expect…

    Read More
    Publication
  • 3 Reasons for Directors, Officers & Supervisors To Take OHS Personally

    Jun 25, 2015

    We updated this publication on May 9, 2023. Most people know a company itself has occupational health and safety (OHS) obligations and risks…

    Read More
    Publication
  • 5 FAQs About Workplace Sex Discrimination

    Mar 31, 2015

    This publication has been updated as at June 24, 2021. Women make up close to half of the employed workforce: in 2019, Canadian women 15…

    Read More
    Publication
  • 5 Hot Tips to Help Employers Handle Office Romances

    Feb 13, 2015

    This publication has been updated as at January 26, 2022. With people spending so many of their waking hours at or connected to work these…

    Read More
    Publication
  • Charter Protects the Right to Strike

    Feb 2, 2015

    On January 30, 2015 the Supreme Court of Canada decided that the Canadian Charter of Rights and Freedom’s protection for freedom of…

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    Publication
  • Bad Faith & Unfair Dealing in Employee Dismissal: 7 Lessons in 7 Years

    Jan 30, 2015

    In December 2014, the NL Supreme Court ordered an employer to pay its former employee $30,000 in moral damages to compensate him for the mental…

    Read More
    Publication
  • Privacy in Basic Cell Phones: SCC Continues Trend of Privacy Protection in R. v. Fearon

    Dec 11, 2014

    On December 11, 2014 the Supreme Court of Canada continued its trend to recognize privacy rights – and develop the law to protect them –…

    Read More
    Publication
  • 5 Tips to Manage Employer (Social) Host Liability

    Dec 5, 2014

    This article has been updated as of December 11, 2020. Employers host numerous events throughout the year – summer and holiday office…

    Read More
    Publication
  • Egg Films Epilogue: 5 Key Implications of NS Union Certification Based on “Industry” Dependence

    Nov 27, 2014

    Recently, the NS Court of Appeal confirmed that a union can be certified as the bargaining agent of employees based merely on their dependence…

    Read More
    Publication
  • 5 New Obligations on NB Employers Effective September 1, 2014 in NB Employment Standards Act

    Sep 30, 2014

    Effective September 1, 2014 the NB government implemented five important changes to the NB Employment Standards Act – the minimum standards…

    Read More
    Publication
  • Canada’s Temporary Foreign Worker Program Overhaul

    Jul 9, 2014

    On June 20, 2014 the Federal Government announced a major overhaul of Canada’s Temporary Foreign Worker Program. With stringent enforcement…

    Read More
    Publication
  • Legal Update: Feds Crack Down On Employer Abuse Of Temporary Foreign Worker Program

    Apr 3, 2014

    On March 28, 2014 the Federal Government tabled Bill C-31 to implement the 2014 Federal Budget – including broad authority to impose cash…

    Read More
    Publication
  • Legal Update: More Changes to Federal Temporary Foreign Worker Program

    Jan 21, 2014

    On December 31, 2013, amendments to the Immigration and Refugee Protection Regulations and new Ministerial Instructions changing the Federal…

    Read More
    Publication
  • Privacy in Computer Contents: Supreme Court of Canada Picks Up Where It Left Off in R. v. Vu

    Nov 8, 2013

    On November 7, 2013, the SCC decided police require specific authorization in a search warrant to search the data in a computer because of the…

    Read More
    Publication
  • Privacy Trumps Safety: SCC Strikes Down Mandatory Random Alcohol Testing Policy

    Jul 2, 2013

    On June 14, 2013, the Supreme Court of Canada’s decision in Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp…

    Read More
    Publication
  • Legal Alert: Federal Temporary Foreign Worker Program Changes

    Apr 30, 2013

    Note: Effective December 31, 2013, the Federal Government made additional changes to the Federal Temporary Foreign Worker Program. Click here to…

    Read More
    Publication
  • Students with Learning Disabilities Have a Right to Education Comparable to that of the General Student Population in Moore v. British Columbia (Education)

    Jan 8, 2013

    On November 19, 2012, the Supreme Court of Canada (SCC) unanimously ruled a B.C. public school system’s failure to provide adequate and…

    Read More
    Publication
  • Supreme Court of Canada Confirms Employees May Have a Limited Reasonable Expectation of Privacy In Work Computer in R. v. Cole

    Nov 28, 2012

    On October 19, 2012 the Supreme Court of Canada (SCC) decided that a teacher criminally charged with possession of child pornography and…

    Read More
    Publication
  • Legal Alert: SCC Finds Limited Reasonable Expectation of Privacy In Work Computer But Evidence Still Admissible

    Oct 22, 2012

    Mr. Cole was a high school teacher with an employer owned and issued laptop computer.  He also used it for incidental personal purposes, which…

    Read More
    Publication
  • Court Confirms Reviewing Courts Should Give Early Due Deference to Administrative Decision-Makers

    Jul 10, 2012

    On March 16, 2012, the Supreme Court of Canada (“SCC”) confirmed the decision of the N.S. Court of Appeal, reinstating the N.S. Human Rights…

    Read More
    Publication
  • “Canada Day” Or “July 1st”: Which Is The “Holiday” For Employees?

    Jun 14, 2012

    As any Canadian knows, July 1st – Canada Day – is the first long weekend of the summer; or is it?  This year, July 1st falls on a Sunday. …

    Read More
    Publication
  • 10 Tips to Deal with Employee Discipline for Social Media Use

    Mar 1, 2012

    Social media represents a profound cultural shift and employers must adapt if they want to avoid unnecessarily – and potentially costly –…

    Read More
    Publication
  • Alert: Significant Changes to NS Human Rights Complaint-Handling Procedure Effective January 1, 2012

    Jan 5, 2012

    Effective January 1, 2012, NS’s Human Rights Commission will receive, investigate and handle complaints under NS’s Human Rights Act under a…

    Read More
    Publication
  • Multiple Extensions of Termination Date Nullify Termination Notice

    Dec 19, 2011

    In a decision with application to Atlantic Canada, the Ontario Court of Appeal found that an employer’s multiple extensions of a terminated…

    Read More
    Publication
  • NB Court of Appeal Upholds Mandatory Random Alcohol Testing Policy

    Aug 6, 2011

    Note: On June 14, 2013 the Supreme Court of Canada issued its decision in Communications, Energy and Paperworkers Union of Canada, Local 30 v.…

    Read More
    Publication
  • Ontario Court of Appeal Finds Reasonable Expectation of Privacy in Work Computer

    May 6, 2011

    In March 2011, the Ontario Court of Appeal found that an employee had a limited expectation of privacy in the contents of a work computer. The…

    Read More
    Publication
  • Changes to Federal Foreign Worker Regulations Effective April 1, 2011: A Serious Issue for Employers

    Mar 6, 2011

    In the midst of a sea of change, the Federal Government has enacted Regulatory changes significantly impacting employers who hire foreign…

    Read More
    Publication

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