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ARTICLE · 03 FEBRUARY 2025

When Is Recording At Work Grounds For Dismissal? A Case Of Nuance And Context

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In an age where technology makes recording conversations easy and common, a recent wrongful dismissal case (Wan v H&R Block Canada Inc., 2024 ABKB 734) raises...

CanadaEmployment and HR
Matthew Riskin
Matthew Riskin
Jenna Vivian
Jenna Vivian
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In an age where technology makes recording conversations easy and common, a recent wrongful dismissal case (Wan v H&R Block Canada Inc., 2024 ABKB 734) raises important questions about privacy, workplace ethics and the boundaries of "for cause" termination. The matter offers insight into the complexity surrounding after-acquired cause—that is, justifying a dismissal based on evidence discovered after the termination decision.

Background of the Case

The plaintiff was terminated by the employer for cause due to the alleged dissemination of confidential information at a conference. During the litigation, the employer asserted after-acquired cause based on the plaintiff's previously undisclosed practice of recording workplace meetings without the knowledge or consent of others.

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