Right To Privacy | MacLeod Law Firm

Secretly Recording Conversations at the Workplace: A Slippery Slope

Nadia Halum — Thu, 09 Aug 2018 21:12:17 +0000

Clients often ask me whether a supervisor or manager can record a conversation with a subordinate without the subordinate’s knowledge. As technology has advanced to the point that we all have recording devices in our pockets (i.e. our smartphones), this issue will only become more prevalent in the workplace. The first question I am usually asked is “Is it legal?” Although I do not profess to be a…

Source

The Latest on the Legality of Random Drug & Alcohol Testing

Doug MacLeod — Tue, 20 Feb 2018 14:18:03 +0000

In 2013, the issue of whether an employer can unilaterally implement random drug testing was addressed by the Supreme Court of Canada. Bottom line: there are very few instances when random drug testing will be permitted. This blog summarizes a recent arbitration award where a union challenged an employer’s random drug testing policy at a coal mine. The Facts The arbitrator found that anyone…

Source

Employers will be getting less information in criminal record checks under new regulations

Doug MacLeod — Fri, 04 Mar 2016 15:00:57 +0000

Does your organization perform criminal record checks on potential employees and volunteers? If so, Ontario Bill 113 may affect your hiring practices. Often these criminal record checks are used to ensure that potential hires are honest and trustworthy. Typically, employers are performing criminal record checks for positons where the employee will have access to large sums of money…

Source

Legal Trends In Human Resource Management

MacLeod Law Firm — Mon, 08 Jul 2013 14:20:50 +0000

Your staff is your greatest source for strategic advantage against your competitors. Harnessing the talents of a motivated and productive workforce will provide your organization with a true competitive advantage. Recent studies show the effects of Canada’s shift to a knowledge-based economy. The result is a skill mismatch between people looking for work and companies looking to hire.

Source

Does Monitoring Emails Breach an Employee’s Right to Privacy?

MacLeod Law Firm — Mon, 25 Mar 2013 13:25:18 +0000

A New Right to Privacy – Employers May Face Liability for Monitoring Employees E-mails Today, it is common for employees to browse the Internet and handle personal emails on their company computers and for employers to monitor this activity. Employers will need to think twice about this as a result of two important court decisions in 2012. A New Right to Privacy Canadian courts were reluctant to…

Source

Privacy – What rights do employees have?

MacLeod Law Firm — Mon, 22 Oct 2012 18:07:58 +0000

A new ruling on employee right to privacy was set on October 19, 2012 when the Supreme Court of Canada released its final decision in the case of R vs. Cole. R v. Cole Mr. Cole was a high school teacher. He was permitted to use his work-issued laptop computer for personal purposes. While conducting a routine search of his laptop, a school board technician found a hidden folder containing nude…

Source

Social Media Policy – Part II

MacLeod Law Firm — Thu, 26 Apr 2012 22:11:23 +0000

For a number of reasons, employers need to manage the use of social media by employees in the workplace. In this regard, did you know? 1. The Ontario Court of Appeal recently recognized the right to privacy. 2. Reviewing on a job applicant’s Facebook page without his or her consent can result in a complaint under the Ontario Human Rights Code. 3.It is unclear who retains ownership of business…

Source

Intrusion Upon Seclusion. Ontario’s Highest Court Recognizes a Right to Privacy

MacLeod Law Firm — Fri, 20 Jan 2012 22:31:58 +0000

On January 18, 2012 Ontario’s highest court recognized a common law right to privacy by recognizing a right of action for “intrusion upon seclusion”. This is an important decision that could have a significant impact on Ontario’s legal landscape. The Case In the case which brought on this decision, one bank employee, Ms. Tsige, looked at the private bank records of a co-worker, Ms. Jones…

Source

Social Media Policy – Part I

MacLeod Law Firm — Fri, 07 Oct 2011 22:07:47 +0000

Is a complete ban on the use of Company property for personal reasons realistic? Many employers have computer use policies that ban the use of company property for personal use. In the age of smart phones, the virtual workplace, and the expectation that employees will be available outside “regular” working hours this kind of ban is not realistic. So we suggest that every employer review its…

Source