Workplace Investigations
We have substantial experience providing counsel to employers, trade unions, and individual employees with respect to harassment and other workplace investigations. We have developed anti-harassment policies for numerous employers. We frequently provide advice in connection with the interpretation and application of harassment policies.
Representative Work
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In 2022, when a professional association suspended a member for one year based on a vague allegation of harassment, we commenced a proceeding on behalf of the member before the Supreme Court of British Columbia. In Webb v Canadian Medical Association, 2022 BCSC 619, the court determined that the suspension was conducted contrary to the norms of natural justice.
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In 2022, we provided counsel to a senior civil servant who underwent an investigation into allegations that she had engaged in inappropriate and disrespectful treatment of staff, and harassment. The investigation concluded that our client had not engaged in harassment and that she had acted in an appropriate and respectful manner towards staff on almost all occasions.
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In 2023-2024, we represented a trade union client with respect to a grievance that alleged that the grievor was harassed by her managers, and that the employer had failed to comply with federal legislation regulating the conduct of harassment investigations. We were able to negotiate a favourable settlement agreement for the grievor.