WHAT IS REASONABLE IN THE INVESTIGATIVE PROCESS AND HOW IS THIS DECIDED? AN ARBITRATOR DECIDES EMPLOYER POSSESSED REASONABLE GROUNDS FOR THE COLLECTION OF VIDEOTAPE EVIDENCE. This article was first posted in 2011. It was written in 2009. Following a preliminary motion, an Ontario Arbitrator decided that persistent video surveillance by Greater Essex County District School Board of their aggrieved employee, Mr.Postma, should be admitted as evidence. It was held that the evidence was not only reasonable but relevant to the central issue in dispute before the arbitrator; that being the just cause to terminate Mr. Postma’s employment. The Facts: On May 26th, 2004, Mr. Postma sustained an injury at work. There were no witnesses to the injury or the surrounding circumstances. Different descriptions of the occurrence were provided by Mr. Postma. On the same day, May 26th, Mr. Postma received a note from a doctor at the Lasalle Medical Clinic stating that “ Pt is unfit for work for 1-2 ...
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