confidential information
March 25, 2013 Adam Gorley Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Training and Development,
When a workplace supervisor accessed pornographic, racist and other inappropriate material via a work computer and circulated it to employees and employer contacts, the employer had just cause to dismiss him. The employee claimed he was wrongfully dismissed, but the Alberta Court of Queen’s Bench was not convinced and acceded to the employer’s request to dismiss the employee’s claim without trial.
abusing Internet access, Alberta, Business, code of conduct, computer use, confidential information, damaged employment relationship, discipline, discriminating and harassing, discrimination, email messages, employer conducted an investigation, employment law, employment relationship, five-day suspension, harassment, harassment policy, inappropriate material via a work computer, Internet, paid administrative suspension, policies, policies and procedures, safety workshop, supervisor, system usage policy, terminated for cause, termination of his employment, warning letters, workplace supervisor, wrongful dismissal, wrongfully dismissed
November 30, 2012 Yosie Saint-Cyr Employee Relations, Human Resources,
The Queen’s Bench for Saskatchewan just granted an injunction restraining a former employee from competing against his former employer, soliciting the employer’s clients, and using any of the employer’s confidential information he garnered while working with the employer.
competing with the employer, confidential information, conflict of interest, employment contract, employment law, injunction, non-compete clause, post-employment activities of key employees, reasonableness, resignation, restrictive covenants, Saskatchewa, termination
June 27, 2012 Earl Altman Employee Relations, Human Resources,
In a recent decision from the Alberta Court of Queen’s Bench, the judge considered the rights of an employer to claim compensation for an employee who had allegedly stolen a business idea. The facts of the case are not unique; indeed, they arise frequently in the give-and-take between employer and employee.
Alberta, Breach of duty, breach of duty of confidence, confidential information, confidentiality, conflict of interest, duty of confidence, employment agreement, employment law, fiduciary duty, fiduciary obligation, Lac Minerals v. International Corona Resources Ltd., misappropriation of confidential information, reasonable man test, reasonable person, reasonableness
June 19, 2012 Adam Gorley Employee Relations, Health and Safety, Human Resources, Human Rights, Privacy and Security,
How often do you undertake an internal investigation? In an environment where employers are under increasingly strict obligations to investigate workplace incidents over an increasing number of issues, employers in Ontario are facing more complaints…
balance of probabilities, conducting interviews, confidential information, Davis LLP, defamation, employment law, false imprisonment, good faith, gross negligence, identify risks, intentional infliction of mental suffering, internal investigation, Karen Bock, liability, negligent infliction of mental suffering, negligent investigation, occupational health and safety act, OHSA, ontario, record keeping, Tatha Swann, third-party investigator, violation of privacy, workplace incidents, workplace investigations
March 6, 2012 Christina Catenacci Employee Relations, Human Resources, Human Rights, Privacy and Security, Union Relations
When an employee refused to disclose any medical details prior to returning to work following a leave of absence due to mental disability, the employer was left without the necessary knowledge to determine her fitness to return to her pre-disability leave position and if accommodation was required…
accommodation, collective agreement, confidential information, cooperate during accommodation, Disability, Disclosure of medical information, duty to accommodate, employment law, fitness to return to work, functional limitations, human rights code, independent medical review, invasion of privacy, Jones v. Tsige, mental disability, Ontario Labour Arbitration Board, undue hardship
March 23, 2011 Andrew Taillon Human Resources, Privacy and Security
Picture the following situation: it’s a normal workday, when suddenly, a large group of people enter your premises. Many of them are wearing uniforms of the Sheriff’s Office. They are led by a lawyer who claims he has an order from the court that allows his party to search your premises and copy and remove any documents they wish. The order from the court he presents to you appears legitimate. What do you do?
Anton Piller order, civil search warrant, confidential information, court order, destruction of evidence, employment law, evidence, evidence preservation order, search warrant, Supreme Court of Canada
November 17, 2010 Andrew Taillon Employment/Labour Standards, Human Resources
In reviewing the cases that come along through the various reporting services, my subjective impression is that there appears to be an increase in litigation by employers against former employees.
Breach of duty, canadian employment law, confidential information, contract of employment, duty of loyalty and fidelity, employee’s duty of loyalty and fidelity, employment law, employment relationship, fiduciary duties, lititgation, term of employment, terminations
Hi John, Thanks for your comment. Check out paragraph 67 of the decision: "Accordingly, none of what I have written above is to suggest or... – May 22, 4:38 PM
This is really spin doctoring the decision. My firm appeared at the Court of Appeal for an intervenor the University of Saskatchewan. Whatever the Supreme... – May 22, 1:00 AM
