Investigation finds two-timing worker

Employee complained company violated his privacy when it investigated his acceptance of another position while on leave
|Canadian Employment Law Today

This edition of You Make the Call looks at an Alberta company’s collection and disclosure of personal employee information while investigating whether the employee was working for another company.

In October 2006, an employee of EPCOR Utilities Inc., an Alberta power generation company, went on a leave of absence. The employee claimed a dispute with a manager had caused stress which required some time away from work for “life changing events, opportunity to travel.” He had signed a consent form when he was hired which allowed the company to collect information necessary to the employment relationship and stipulated the information could be used in the disciplinary process, including investigations.

Shortly after his leave began, the employee accepted another job. His EPCOR supervisor informed him if he accepted a position with another company without approval, EPCOR would consider it a resignation. The employee did not reveal he had already accepted the new position.