The New Brunswick Court of Queen’s Bench recently challenged the Human Rights Commission’s decision to dismiss an employee’s discrimination complaint based on age as without merit. The employer denies discriminating against the employee on the basis of his age, and maintains that the employee was terminated for poor performance.
A hospital employee faced complaints of workplace harassment from co-workers, and the hospital imposed discipline on him, including a demotion. The employee's union subsequently filed a grievance with the labour relations board. The hospital retained the services of an independent outside investigator who was also a practicing lawyer. When the union requested access to the investigation report, the hospital claimed solicitor-client privilege, and refused to hand it over...
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