A worker’s firing for reselling items purchased on the employer’s account and refusing to participate in an investigation has been upheld by the Canadian Industrial Relations Board.
The employer was able to establish just cause, despite the worker’s lack of co-operation, with a thorough investigation, says Amy Gibson, a labour and employment lawyer at MLT Aikins in Saskatoon.
“[The employer] started out by gathering all the evidence that they could obtain independently,” says Gibson. “And I think one of the key components of their investigation is they gave the employee multiple opportunities to respond – if you have the ability to do that, it usually reflects well if something is litigated.”
