This year on the First Reference Talks blog, we’ve been covering some of the hot topics in employment and labour law and employee management. Making the list this year are blog posts on the topic of termination (again), on breaching confidentiality, privacy and the duty to accommodate among others.
breach of confidentiality
Only a very small percentage of disputes proceed all the way to a hearing or trial. The vast majority settle at some point, for reasons that are fairly well known. One of the key reasons in many cases is confidentiality; often, the parties want to avoid a public hearing and a published judgment that sets out all of the intimate details of the case, as well as the findings of the judge with respect to fault and blameworthiness.
A recent decision from the Manitoba Court of Queen’s Bench supports that an employee’s use of his work phone to secretly record meetings with management may support an employer’s decision to terminate for just cause.