Refusing to collaborate in harassment investigation can be grounds for dismissal

March 22, 2015 0 COMMENTS

By Olivier Lamoureux

In Séguin v. Dessau Inc., a tribunal, the Commission des relations du travail (CRT), upheld the dismissal of an employee who had behaved in a vexatious manner toward a subordinate he was enamored with. The dismissed employee had refused to collaborate in the employer’s investigation into an incident of psychological harassment. read more…

Workplace computer porn: court rules employees’ privacy rights limit police

November 04, 2012 0 COMMENTS

by Jennifer Shepherd

On October 19, 2012, the Supreme Court of Canada (SCC) issued its ruling in R. v. Cole. The court held that a person’s right to be protected against unreasonable searches was breached when the police looked at computer files the employer had given them without first obtaining a search warrant.

Facts

A Sudbury high school provided one of its teachers, Richard Cole, with a laptop to be used for the purpose of teaching. While reviewing students’ computer files, Cole discovered nude photos of an under-age student and copied them onto the hard drive of his work laptop. read more…

Workplace Monitoring and Canadian Privacy Rights

January 24, 2011 0 COMMENTS

By Sébastien Lebel and Chris Semerjian

Canadian employers have many ways to monitor and control their business operations. However, new technologies — if misused — may lead to violations of employees’ rights. In particular, this raises the question of the extent of employees’ right to privacy.

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