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Title: Employer Surveillance of Employees
Authors: Bowal, Peter
Keywords: Court decisions;Right of privacy;Surveillance;Labor law
Issue Date: 2006
Publisher: Legal Resource Centre of Alberta Ltd. (LRC)
Citation: Bowal Peter, "Employer Surveillance of Employees", Law Now, Sep/Oct 2006, Vol. 31, Iss. 1; p. 47.
Abstract: Anyone who is being constantly watched by the boss while working knows the unease of that experience. On the other hand, employers have a legitimate interest in preventing losses and ensuring that the workplace is productive and safe. Under the Criminal Code, it is a crime to intercept private telecommunications. A major exception, however, is the "one party consent" rule, so that there is no crime where a person has the consent to intercept, express or implied, of the originator of the private communication or of the person intended by the originator thereof to receive it. In Zesta Engineering Ltd v Cloutier, the employer accessed the employee's computer. The court ruled that although the employee believed in his right to privacy, the computer at work was the employer's property and the employer could legally access it at any time. Overall, surveillance of employees has been approved by the courts and arbitrators where the business case can be made for it.
ISSN: 0841-2626
Appears in Collections:Bowal, Peter

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