Understanding Privilege In Workplace Investigations

The Alberta Court of King's Bench recently ordered the disclosure of various records concerning the employer's decision to terminate the employee's employment for cause. The employer claimed that the records fell within either litigation privilege or solicitor-client privilege. The Court disagreed and found that the employer failed to prove that either privilege applied, and that the employee required evidence gained from an investigation to adequately challenge their termination.

A recent ruling from the Alberta Court of King's Bench examined an alleged workplace harassment complaint filed against an employee. After receiving the complaint, the employer initiated an internal investigation as required by their "Respectful Workplace Policy", retained legal counsel, and tasked an external investigator (who was not a lawyer) with conducting the investigation. While the investigation was occurring, a second complainant made allegations of harassment against the