Safety & HCM Post

Secretly Taping Meetings = Just Cause to Fire Probationary Employee

Still doubtful about his performance after 6 months of probationary employment, a government agency exercised its right to extend a senior level advisor’s probation period another 6 months. Upon getting the news, the adviser sent an email to the Minister and Deputy Ministers complaining about the lack of feedback and bullying he said he had experienced at work. The kicker was the line advising that he had been “documenting and (digitally) sound recording my conversations and meetings with all internal and external stakeholders.” Five days later, the agency let him go. The ensuing wrongful dismissal case went all the way to the Yukon Court of Appeal which upheld his termination for cause. Secretly taping meetings was “highly inappropriate” and “irreparably damaged” the agency’s trust. The lack of feedback argument failed because of evidence showing that he had been invited but declined to engage in follow-up discussions about his performance. And the adviser hadn’t said anything about harassment and bullying before he sent his email [Schaer v. Yukon (Department of, 2019 YKCA 11 (CanLII), June 28, 2019].

Bongarde Editorial

Bongarde Editorial

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