Somewhere between going on an ill-advised “fishing expedition” and commencing a clearly defined investigation of a formal complaint, lies a grey area rife with uncertain legal obligations and sticky situations.
A recent case out of Calgary, Karmel v. Calgary Jewish Academy, presents some valuable lessons for Alberta employers. This case involves a wrongful dismissal lawsuit by a terminated School Principal, Mr. Karmel, who was alleged to have been disobedient.
In a decision handed down April 27, 2015, the British Columbia Court of Appeal ordered a new trial. In particular, the court found that the trial judge had misapprehended the evidence and CIBC’s legal arguments, such that the trial judge’s overall conclusion could not stand.