Human Rights & Workplace Misconduct
Discrimination, Remedies, Choice of Forum & Investigating Misconduct
Workplace investigations frequently involve overlapping legal issues.
Allegations of misconduct may also engage human rights protections,
accommodation obligations, collective agreement procedures or potential
dismissal for cause. This section examines investigations involving
discrimination, human rights remedies, serious misconduct, false
allegations and the evidentiary foundation required before disciplinary
action is taken.
Human Rights
An overview of the role of human rights law in workplace
investigations, including allegations of discrimination,
harassment and adverse treatment connected to a protected ground.
Alberta Human Rights Damage Awards
A review of compensation available in Alberta human rights
proceedings, including damages for injury to dignity and the
financial consequences that may follow discriminatory
workplace conduct.
Choice of Forum — Grievance Process vs Human Rights
Where a unionized workplace dispute also raises human rights
issues, questions may arise concerning the appropriate forum.
This article considers the relationship between the grievance
process and the human rights complaint process.
Just Cause & the Need to Investigate
Serious allegations relied upon to support dismissal for cause
require a proper factual foundation. This article examines cases
demonstrating the importance of conducting a fair investigation
before terminating employment for alleged misconduct.
The Perils of Making a False Allegation of Wrongdoing
Allegations made in bad faith can themselves become a serious
workplace issue. This article examines the consequences of
knowingly making false allegations and the need for investigators
to distinguish an allegation that cannot be proven from one
that is deliberately false.
Investigation to Support Dismissal Application
An examination of the role an investigation may play where an
employer seeks to establish the evidentiary foundation required
to support disciplinary action or dismissal.