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Surreptitious Recordings Of Colleagues At Work May Be Cause For Dismissal

In Shalagin v. Mercer Celgar Limited Partnership, 2022 BCSC 112, the British Columbia Supreme Court found that an employee's surreptitious recording of colleagues was cause for dismissal. The Court also provided helpful guidance on what constitutes after-acquired cause.
Background
The Plaintiff was employed as a financial analyst for the defendant, Mercer Celgar Limited Partnership (Mercer). Issues arose when the Plaintiff raised several concerns about his bonus payment. The Plaintiff mentioned possible litigation, and Mercer decided it could no longer work with the Plaintiff and terminated his employment without cause.

The Plaintiff filed a wrongful dismissal action, as well as employment standards and human rights complaints. During the human rights complaint process, the Plaintiff produced information about surreptitious recordings he had taken while employed at Mercer. At his discovery for examination for his wrongful dismissal action, he further revealed that he had made ...

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