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ARTICLE · 23 OCTOBER 2023

Recording Supervisors And Colleagues Can Constitute Just Cause For Termination

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In its recent decision, Shalagin v. Mercer Celgar Limited Partnership, 2023 BCCA 373, the British Columbia Court of Appeal confirmed that surreptitious recordings by an employee may constitute just cause for termination.

CanadaEmployment and HR
Guy Étienne Richard
Guy Étienne Richard
Dianne D. Rideout
Dianne D. Rideout
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In its recent decision, Shalagin v. Mercer Celgar Limited Partnership, 2023 BCCA 373, the British Columbia Court of Appeal confirmed that surreptitious recordings by an employee may constitute just cause for termination.

BACKGROUND AND FACTS

The Plaintiff was a certified professional accountant (CPA) who was employed by Mercer Celgar Limited Partnership (the Employer) as a financial analyst. In 2020, after 10 years of employment, the Employer terminated the Plaintiff on a without cause basis.

Following his termination, the Plaintiff filed a wrongful dismissal action in the Supreme Court of British Columbia, as well an employment standards and human rights complaint. During the legal proceedings, the Plaintiff disclosed various documents which revealed that he had made hundreds of surreptitious recordings in the workplace over the course of his 10-year tenure with the Employer. The recordings included recordings of one-on-one sessions, meetings with managers and

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