What is the case law supporting an adjudicator's finding that the lack of trust in the employee justified the investigation that led to the investigation?
Canada (Federal), Canada
The following excerpt is from Deschênes v. Canadian Imperial Bank of Commerce, 2009 FC 799 (CanLII):
Incidentally, I note that, at paragraph 26 of NBC v. Lepire, to which the adjudicator referred, Justice Blais wrote that the breach in the relationship of trust results in most cases from the attitude, deeds and actions, reluctance, lack of frankness and conduct of the employee (impugned decision, at para. 1432). As can be seen, this case law supports the adjudicators finding that, here, the applicants attitude of carelessness, negligence and denial of responsibility justified the lack of trust in the applicant, which led to the investigation that was conducted in December 1997 and January 1998.
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