- January 30, 2015
- Comments Off on Issues in Litigation when Workplace Investigations are Conducted
Workplace investigations are becoming increasingly routine in the today’s business environment. When a workplace investigation is conducted in an employment or human rights matter that ends up proceeding to litigation, the results of that investigation can be very valuable. However, there are a number of issues of which an employee must be aware in terms of their rights with respect to the workplace investigation and its results, including:
- The workplace investigation must be fair;
- The employee must err on the side of caution and assume that the limitation period for preserving their legal rights is running while the workplace investigation is being conducted; and
- Unless explicitly stated to the contrary, the employee should assume the employer will claim the results of the workplace investigation as privileged and confidential.