Dismissal based on video surveillance

Procedure to follow with indisputable evidence of misconduct
By Colin Gibson
|Canadian Employment Law Today|Last Updated: 04/15/2015

Question: If an employer has indisputable video evidence of serious misconduct by an employee (such as assault of a co-worker or customer), can it terminate the employee immediately without further investigation or interview?

Answer: When an employer is presented with what appears to be clear evidence of serious misconduct by an employee, it is natural to be tempted to move straight to dismissal without going through a seemingly pointless investigation or interview. However, this temptation ought to be resisted. As Justice Megarry put it in the 1970 English case of John v. Rees: