- An investigation report created by a lawyer retained to conduct a workplace investigation may not be protected by solicitor-client privilege. A labour arbitrator in Ontario recently found that an investigation report prepared by a lawyer was not privileged and ordered an employer to produce the report to the union. Protections can be put in place to ensure that an investigation report remains privileged, but if these protections are not put into place, an employer may be required to disclose the report.
- The dismissal of an employee for time theft was recently upheld by the Court of Queen’s Bench in Alberta. In that case, the employee accidentally “butt dialed” his employer which allowed the employer to overhear conversations the employee was having with clients of his private business. The conversations took place on company time. Upon further investigation, the company also learned that the employee had been making long distance calls to his personal clients and charging the company. The Court agreed that the employment relationship was irreparable and dismissed the claim.
Canada