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Investigations

"Human Rights, Privacy and the Workplace"

"Human Rights, Privacy and the Workplace" is the title of a paper written by Enid J. Marion and Andrea Zappavigna, both of Harris & Company in Vancouver.

The paper was written for the Human Rights Conference (Continuing Legal Education of BC) in November 2004.

The Table of Contents is as follows:  read more »

Can an employer impose an administrative suspension on an employee facing criminal charges?

Jurisdiction: - Quebec
Sector: - Insurance

In Cabiakman v. Industrial Alliance Life Insurance Co., 2004 SCC 55, the Supreme Court of Canada ("SCC") addressed if/when an employer can impose an administrative suspension on a non-unionized employee facing criminal charges.

The employer and employee were located in Quebec thus governed by the Quebec Civil Code. However, the principles enunciated by the court likely also apply to employment contracts formed in Canada's other jurisdictions.

Background

The employer was an insurance company and hired the employee as a sales manager in one of its branch offices. Approximately three months after he was hired, the employee was arrested at home for the attempted extortion of his securities broker. He was held in custody for about three days and then released after pleading not guilty to the charges. Shortly thereafter, a newspaper picked up the story and published an article.

The employer suspended the employee without pay, without investigating the situation and without providing the employee the opportunity to explain the situation.  read more »

Employer ordered to produce third party investigation report in wrongful dismissal action

Jurisdiction: - Alberta

Springsteel v. Brick Warehouse Corporation, 2003 ABQB 941