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ARTICLE · 09 DECEMBER 2024

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What Not To Do When Conducting A Workplace Investigation

Lerners LLP
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The recent labour arbitration decision of Sterling Crane v. International Union of Operating Engineers Local 955, 2024 CanLII 46844 (AB GAA) serves as an excellent reminder...

CanadaEmployment and HR
Yola S. Ventresca
Yola S. Ventresca
Debbie Boswell
Debbie Boswell
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Also authored by: Efua Gyan

The recent labour arbitration decision of Sterling Crane v. International Union of Operating Engineers Local 955, 2024 CanLII 46844 (AB GAA) serves as an excellent reminder of the importance of conducting a proper workplace investigation.

In this case, the grievor who was terminated for making a comment in violation of the Employer's Workplace Harassment Policy, brought a grievance for wrongful dismissal. While the employer had conducted an investigation, it was not done properly. This failure resulted in gaps in the employer's case at arbitration to support its termination decision. The arbitrator held that the employer overreacted and that termination was excessive.

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