By Barry W. Kwasniewski and Martin U. Wissmath

Secretly recording an employer can be just cause for termination, and could even provide just cause retroactively if the secret recordings are discovered after an employee has been terminated. The British Columbia Supreme Court ruled that the plaintiff employee in Shalagin v Mercer Celgar Limited Partnership breached not only the defendant employer’s code of conduct and confidentiality policies by making surreptitious workplace recordings, but also his own professional obligations, and the requirements of the employment relationship itself, in a January 25, 2022 judgment. Judge Ward K. Branch’s reasoning about the significance of mutual trust and ethical conduct between an employee and employer in this case are important for charities and not-for-profits in Canada to consider in managing their own workplace relationships with employees. This Bulletin describes the key background facts and overall legal analysis from the judgment.

For the balance of this Bulletin, please see Charity & NFP Law Bulletin No. 509.

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​Read the March 2022 Charity & NFP Law Update