Human Rights & Workplace 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.
Human Rights: 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.
Common Law Cases – Allegations of Just Cause Need Investigation
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.