Paper addresses the legislative history of Bill 187 with its original stated intent (to eliminate deeming); expansion of deeming in
the subsequent draft policies by introducing the concept of «under - employment»; recommendations for a policy that complies with past practice, founding principles and current wording of the Act; call for Board research on employment outcomes after retraining.
Such
policies should be carefully
drafted so as not to undermine claims to privilege in respect of investigation documuments in any
subsequent legal proceedings In particular, such
policies should be careful to allow for the possibility that the reason for conducting an internal investigation might be for the purposes of any
subsequent litigation, in addition to any other possible purposes.