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Workplace Investigation Alert – August 2013

Article by Rubin Thomlinson LLP
Rubin Thomlinson LLP

A June 19, 2013 decision of the Quebec Labour Relations Board, Azeff and Bobrow, 2013 QCCRT 299 (Can LII) is a cautionary tale of process decisions made during the course of a workplace investigation leading to a conclusion that an investigation was unfair. It also illustrates the extent to which legal decision makers scrutinize how workplace investigations are conducted. The fact that the employer's process was found to be lacking undermined the employer's ability to successfully argue that the employees in question had been terminated for just cause.
Bad process decisions along the way result in an unfair investigation
The case involved two former employees of the CIBC World Markets ("CIBC") who were investment professionals. While still employed at the bank, they were subject to an Ontario Securities Commission investigation (the "OSC"). The OSC alleged that the employees engaged in prohibited practices of insider trading and ...

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