Howard Levitt: The trouble with workplace investigations and other interesting recent cases

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Howard Levitt: The trouble with workplace investigations and other interesting recent cases
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In one case, court looked at whether workers must be given opportunity to respond to serious allegations before being fired

In Adam Mazanek’s case against Bill & Son Towing, the court looked at whether an employee must be provided an opportunity to respond to serious allegations before a company fires them. In Mazanek’s case, the employer alleged in court that he had been stealing gas — a claim Mazanek denied.

The court said it was not possible based on the evidence to determine “with any certainty whatsoever” that Mazanek had stolen gas at all, and ruled in his favour.Investigations came up in a separate case in B.C. as well, in which Daniel Golob, a deputy fire chief, claimed he was wrongfully dismissed by the town of Fort St. John following a probe stemming from alleged concerns about his leadership style.

The judge relied upon a previous decision in Vernon vs. British Columbia Liquor Distribution Branch, in which the court had ruled that, “Regardless of the flaws in the investigation, if the LDB had cause, they were entitled to dismiss Ms. Vernon without notice.”

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