As the employees at a law firm in Toronto had recently discovered, their right to privacy was more of an idealistic expectation than it was a reality. Upon claims that employees were being paid for time they had not worked, a system that scanned their finger prints was mounted and entering and exiting the office was impossible without first scanning a finger print. This enabled their employer to track their time in and out of the office and avoid paying employees for time they had not been in the workplace. Although this may seem like an invasion of privacy, this act was technically legal; the employer’s suspicion that employees were being paid extraneously gave them the right to monitor their employees.
Employers have the right to spy or invade on certain aspects of the employee’s privacy. If an employee is suspected of misconduct, this provides the employer with exceptional circumstances that enable them to monitor that employee at a greater depth. Employers may monitor activity and internet usage on company computers, monitor company e-mail accounts, scour employees’ social media pages, hire private investigators to determine if an employee is abusing a sick day, and even install hidden cameras if the employee being monitored is suspected of misbehaviour.
Video cameras are allowed to be installed only when there is reason to believe an offence is being committed and must be in good faith. Employees must be informed that they are being recorded.
Amidst all of these forms of monitoring, an employee may feel they have limited rights pertaining to privacy in the workplace.
This information deals with complex matters and may not apply to particular facts and circumstances. The information reflects laws and practices that are subject to change. For these reasons, this information should not be relied on as a substitute for specialized professional advice in connection with any particular matter.