Sign Up for our free News Alerts - All the latest articles on your chosen topics condensed into a free bi-weekly email. Workplace Investigations: Employee Rights During Investigation “Congress enacted the National Labor Relations Act (“NLRA”) in 1935 to protect the rights of employees and employers, to encourage collective bargaining, and to curtail certain private sector labor and management practices, which can harm the general welfare of workers, businesses and the U.S. economy.” Both employees and employers need to be aware of the laws governing such rights and obligations in order to ensure that they receive their full entitlements, as well as limit the possibility of legal action for failure to comply with relevant legislation. The Workers' Compensation Board of British Columbia (the "Board") recently considered the issue of whether the right to refuse unsafe work protected an employee who refused to show up for work entirely due to the COVID-19 outbreak. guide to the subject matter. If a worker experiences unsafe hazards in the workplace, a complaint can be filed with the Occupational Safety and Health Administration (OSHA). While many collective agreements require representation during disciplinary meetings, this may not necessarily extend to investigation interviews, which, as part of a fact-finding process, are by definition non-disciplinary . Generally, the Canada Labour Code covers: – you might expect to have at least the same rights as if you had been arrested for a crime in terms of procedural fairness. Does Starting A Business While On Leave Constitute A Breach Of The Duty Of Loyalty? The labour rights and responsibilities of about 12,000 businesses and 820,000 of their employees are defined by the Canada Labour Code. 920 Brant Street, Suite 8, key industry sectors: financial institutions; energy;
Burlington, Ontario, L7R 4J1 To print this article, all you need is to be registered or login on Mondaq.com. The Canada Labour Code. They may also be used as a means to encourage settlement by a judge. You can eve… Two federal statutes provide individuals with protection to privacy and need to be considered when conducting a workplace investigation in the federal sector. POPULAR ARTICLES ON: Employment and HR from Canada.
Now, we’d like to talk about workplace investigations from the employee’s perspective. The labour rights and responsibilities of about 12,000 businesses and 820,000 of their employees are defined by the Canada Labour Code. All Rights Reserved. If you are involved in a workplace investigation, you will not necessarily get to know who your accuser is or respond to them. East and Central Asia. degree of separation. For more information about Norton Rose Fulbright, see
Since investigations often include references to documents (e.g. If you’re a fan of police procedural shows like Law and Order or anything from the CSI franchise, you know of the Miranda Rights. Many HR, compliance and security investigators don’t receive targeted training on how to conduct an investigation from start to finish. a full business law service. If you can’t get health and safety problems fixed at work, call the Ministry of Labour Health and Safety Contact Centre toll-free at 1-877-202-0008. Those rights are discussed below. Monday - Friday:8:30 am to 5:00 pm Investigations are a vital - but difficult - part of workplace management. Phone: (905) 639-0999 nortonrosefulbright.com/legal-notices. You would be wrong. Training may cover investigation planning, conducting interviews, gathering evidence and other aspects of the investigative process, but most often doesn’t provide an overall blueprint for conducting an entire workplace investigation. Most major Canadian & US companies including Amazon, Apple & Google are starting to require that employees work from home to prevent the spread of COVID-19. If you are involved in a workplace investigation, you will not necessarily get to know who your accuser is or respond to them. staff based in more than 50 cities across Europe, the United
Recognized for our industry focus, we are strong across all the
Additionally, if you refuse to answer question, your employer will not have, and therefore will not take into account, your side of the story. When it comes to electronic surveillance – video, email or otherwise – the courts have emphasized the duty to balance employees’ rights to privacy with employers’ use of this material to investigate bad behaviour. It is not unusual for employees to use a long leave to complete projects they have been planning for years. Employees have the right to a timely investigation. Address: As a starting point, it depends on whether the employee is a union member. There's little doubt that a robust employee benefits plan is essential when recruiting top talent to small and mid-sized law firms. I am a manager who is responsible for multiple projects and works with people from different departments. Last week, we wrote about workplace investigations. We have 3800 lawyers and other legal