Workplace Law Blog
Knowledge Centre

Secret recordings of coworkers provide cause for termination

March 22, 2022

In Shalagin v Mercer Celgar Limited Partnership, 2022 BCSC 112 the court considered an allegation of cause that arose after termination. Specifically, the terminated employee was a Certified Professional Accountant employed by the defendant for 10 years.   

The employee was terminated on a without cause basis and provided payment based on the Employment Standards Act requirements. The employee then made a complaint to the Employment Standards Branch, a complaint to the BC Human Rights Tribunal, and started a wrongful dismissal action in the BC Supreme Court.

In the course of the litigation matters, the employee disclosed many secret recordings of conversations with his coworkers. These recordings demonstrated a fundamental breach of trust and privacy in the workplace. Such conduct was inconsistent with his ethical obligations as a professional employee. This conduct was sufficient to support a with cause termination even though it was discovered after the termination took place. 

The employee’s wrongful dismissal action was dismissed because the employer had cause for termination. 

This case provides a good example of the importance of privacy in the workplace. A breach of privacy can constitute cause for termination in some circumstances.

For more information on this and other similar topics, please contact Scott Marcinkow at [email protected] or anyone else from our team listed on the Authors page.

Tags

Expertise

Important Notice: The information contained in this Article is intended for general information purposes only and does not create a lawyer-client relationship. It is not intended as legal advice from Harper Grey LLP or the individual author(s), nor intended as a substitute for legal advice on any specific subject matter. Detailed legal counsel should be sought prior to undertaking any legal matter. The information contained in this Article is current to the last update and may change. Last Update: March 22, 2022.

©Harper Grey LLP 2022

 

Related

Lesley Russel presents to group of investment planners on wills and estates
Lesley Russel presents to group of investment planners on wills and estates Lesley Russel presents to group of investment planners on wills and estates
The Consequences of Sexual Harassment in the Workplace
The Consequences of Sexual Harassment in the Workplace The Consequences of Sexual Harassment in the Workplace
Harper Grey shortlisted as Canadian Insurance Law Firm of the Year by Benchmark Canada 2024
Harper Grey shortlisted as Canadian Insurance Law Firm of the Year by Benchmark Canada 2024
Norm Streu co-authors article published by Business in Vancouver discussing new labour legislation in Canada
Norm Streu co-authors article published by Business in Vancouver discussing new labour legislation in Canada Norm Streu co-authors article published by Business in Vancouver discussing new labour legislation in Canada
Kim Jakeman, KC shortlisted as Canadian Health Law/Medical Litigator of the Year by Benchmark Canada 2024
Kim Jakeman, KC shortlisted as Canadian Health Law/Medical Litigator of the Year by Benchmark Canada 2024 Kim Jakeman, KC shortlisted as Canadian Health Law/Medical Litigator of the Year by Benchmark Canada 2024
Harper Grey shortlisted as Canadian Health Law/Medical Firm of the Year by Benchmark Canada 2024
Harper Grey shortlisted as Canadian Health Law/Medical Firm of the Year by Benchmark Canada 2024
Rose Keith, KC to present at The Advocates’ Society’s education program: Navigating Interprovincial Personal Injury Disputes
Rose Keith, KC to present at The Advocates’ Society’s education program: Navigating Interprovincial Personal Injury Disputes Rose Keith, KC to present at The Advocates’ Society’s education program: Navigating Interprovincial Personal Injury Disputes
Harper Grey shortlisted as Canadian Construction Law Firm of the Year by Benchmark Canada 2024
Harper Grey shortlisted as Canadian Construction Law Firm of the Year by Benchmark Canada 2024
Monique Sever to participate in International Legal Technology Association’s Webinar titled “What is Copilot and Why is Information Governance in Copilot Important?”
Monique Sever to participate in International Legal Technology Association’s Webinar titled “What is Copilot and Why is Information Governance in Copilot Important?” Monique Sever to participate in International Legal Technology Association’s Webinar titled “What is Copilot and Why is Information Governance in Copilot Important?”
Canada’s Modern Slavery Act
Canada’s Modern Slavery Act Canada’s Modern Slavery Act
Brett Weninger interviewed by Canadian HRReporter for article titled “Can you dismiss an employee on medical leave?”
Brett Weninger interviewed by Canadian HRReporter for article titled “Can you dismiss an employee on medical leave?” Brett Weninger interviewed by Canadian HRReporter for article titled “Can you dismiss an employee on medical leave?”
Rose Keith, KC publishes Employment Update Column for Spring 2024 Issue of The Verdict
Rose Keith, KC publishes Employment Update Column for Spring 2024 Issue of The Verdict Rose Keith, KC publishes Employment Update Column for Spring 2024 Issue of The Verdict
Harper Grey shortlisted for five Benchmark Canada 2024 Awards
Harper Grey shortlisted for five Benchmark Canada 2024 Awards Harper Grey shortlisted for five Benchmark Canada 2024 Awards Harper Grey shortlisted for five Benchmark Canada 2024 Awards
Michael Robinson guest lectures at Langara College
Michael Robinson guest lectures at Langara College Michael Robinson guest lectures at Langara College
Amendments coming to the Environmental Management Act: British Columbia to introduce more robust regulation of the decommissioning and closure of industrial facilities
Amendments coming to the Environmental Management Act: British Columbia to introduce more robust regulation of the decommissioning and closure of industrial facilities Amendments coming to the Environmental Management Act: British Columbia to introduce more robust regulation of the decommissioning and closure of industrial facilities Amendments coming to the Environmental Management Act: British Columbia to introduce more robust regulation of the decommissioning and closure of industrial facilities
arrow icon

Subscribe