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ARTICLE · 10 NOVEMBER 2014

Investigations In The Workplace

Miller Thomson
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Workplace investigations are inevitable for most organizations and employers face significant pressure to conduct them properly.

CanadaEmployment and HR
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Article by Nicole Byres and Eric Ito, Articled Student

Workplace investigations are inevitable for most organizations and employers face significant pressure to conduct them properly.  A flawed investigation, besides compromising the information a decision-maker will need, invites a range of risks.  From a legal perspective, the courts scrutinize the conduct of an investigation; where an employer has improperly disciplined a worker on unsubstantiated grounds, a finding of wrongful dismissal may follow.  Further, as a number of recent cases demonstrate, if a court finds that a poorly conducted investigation contributed to the wrongful dismissal, it may hand down additional sanction in the form of aggravated damages.

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