Investigations contain sensitive material that must always be kept confidential, a standard which has been adopted in the Ministry of Labour’s Code of Practice.
Ever since the days that employment law was referred to as “master and servant” law, employees have owed various common-law duties and, for some employees, fiduciary obligations to their employer. These obligations take many forms, but key is that an employee cannot misappropriate an employer’s confidential or proprietary information. In the days before social media, this was fairly easy to describe. Generally speaking, an employee could not print or email to himself a copy of the employer’s customer list, and then use that list to compete against the employer. But what if that customer list is not a document, but is kept on a LinkedIn page?