Skip to Content

Investigations

Ontario Court of Appeal refuses to recognize tort of negligent investigation against employer

Jurisdiction: - Ontario

The Ontario Court of Appeal refused to recognize the tort of negligent investigation against employer in Correia v. Canac Kitchens, 2008 ONCA 506. You can read a summary of the case in the July 4, 2008 issue of the Lawyer's Weekly found here.

"The Ability, Obligation and Role of a Trade Union to Represent its Members in Employer Investigations"

Jurisdiction: - British Columbia

Alan E. Black, Q.C. and Pamela Costanzo, at Black, Gropper & Company in Vancouver, have written a paper on "The Ability, Obligation and Role of a Trade Union to Represent its Members in Employer Investigations". The paper was prepared for the Insight Information Western Canada Labour Relations conference held on January 30-31, 2007 in Vancouver.

"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 »