Patricia Janzen

Employer Counsel
Fasken Martineau

Simon Renouf

Union Counsel
Simon Renouf Professional Corporation

Some of the questions addressed:

• Are there time lines for conducting an investigation and imposing discipline? What is the effect of delay?
  
  
• How should an interview be conducted with an employee suspected of misconduct, or with potential witnesses? What pitfalls should be avoided in conducting an interview?
  
  
• When is union representation required at an interview? What are the consequences for failure to allow/ensure the presence of a union adviser?
  
  
• Do employees have a duty to cooperate with an employer's investigation? Are they required to answer questions? Can they be disciplined for refusing to do so? Are they required to respond to queries about another employee's misconduct?
  
  
• What is the effect of a criminal investigation? Is it in the interest of the employer/employee to await completion of a criminal investigation? When is it appropriate/inappropriate to suspend an employee pending trial? What is the impact of a conviction, discharge or acquittal?