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Secret recordings by employee of meetings with management found to constitute misconduct

Jurisdiction: - Manitoba
Sector: - Agriculture

In Hart v. Parrish & Heimbecker, Limited, 2017 MBQB 68, the Manitoba Court of Queen's Bench considered whether an employee's secret recordings of meetings with management constituted misconduct. The court framed the recordings as a breach of the employee's duty of confidentiality and privacy obligations. 

Most plaintiff lawyers will agree that secret recordings are a common occurrence, and there has been little jurisprudence to assist in advising on whether such recordings could backfire into allegations of misconduct or even after-acquired cause. Prior court and administrative tribunals have permitted such recordings to be admitted as evidence, but this decision adds a layer of complexity.