Resources: Privacy + FOI
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Search of Employee’s Private Social Media Amounts to Privacy Breach, “Tainting” Misconduct Investigation
March 24, 2021
In the recent case of Canadian Broadcasting Corporation v Canadian Media Guild, 2021 CanLII 761 (Slotnik), a BC arbitrator reinstated an employee who had been fired for cause after his employer, the CBC, discovered that he had leaked his concerns about the CBC’s policies to other news organizations.
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Leading Labour and Workplace Law Cases of 2020
January 12, 2021
With the upheaval and significant challenges and difficulties of 2020, some important labour and workplace law cases may not have been front of mind for employers and HR practitioners.
The following are what we consider to be among the top five cases of the last 12 to 18 months.
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Bill C-11: Federal Government Proposes Overhaul of Canada’s Federal Privacy Laws
November 25, 2020
On November 17, 2020, the Honourable Navdeep Bains, Minister of Innovation, Science and Industry, tabled Bill C-11, the Digital Charter Implementation Act, 2020 (the “Act”), which aims to overhaul Canada’s federal data privacy law. If passed, the bill would repeal the privacy provisions of the Personal Information Protection and Electronic Documents Act (PIPEDA) and introduce new obligations for private-sector organizations and new enforcement regimes.
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If You Want to Collect and Use Employee Personal Information for Disciplinary Purposes, You Better Make Sure It’s Done Properly Or You Could Be Liable for Damages
September 17, 2020
In a preliminary decision, a B.C. arbitrator confirmed his authority to award damages for an employer’s breach of the provisions of B.C.’s Personal Information Protection Act (“PIPA”) relating to the collection and use of employee personal information.
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Ontario Court of Appeal Confirms Nude Selfies Are Not Offensive
August 2019
In Zigomanis v. 2156775 Ontario Inc. (D’Angelo Brands), 2018 ONCA 116, the Ontario Court of Appeal upheld a lower court decision that a professional hockey player’s nude selfies did not offend public morals and decency and there was thus no basis to terminate a promotional contract.
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Canada’s Digital Charter: The Problem of Trust in a Growing Digital World
June 2019
Canada’s privacy legislation may be headed for significant renovation.
On May 21, 2019, the Minister of Innovation, Science, and Economic Development, The Honourable Navdeep Bains, introduced Canada’s Digital Charter. This Charter sets out 10 principles intended to guide the government’s decisions about the digital and data economy.
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Safety v. Privacy: Finding the Balance with Video Surveillance
March 2019
Arbitrator Ken Saunders’ recent decision in Lafarge Canada Inc. v. Teamsters, Local Union No. 213 (In-Cab Camera Grievance), [2018] B.C.C.A.A.A. No. 51 (Saunders) is instructive for employers considering the use of video surveillance in their workplace.
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Oh No That Is Our Employee In the Headlines!
February 2019
Reputation is only a candle, of wavering and uncertain flame, and easily blown out, but it is the light by which the world looks for and finds merit. – James Russell Lowell
Imagine one day you were reading the weekend newspaper and discover one or more of your employees is engaged in activities that are not consistent with the good standing of the employer. What do you do?
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“Investigation is the New Arbitration”: Thoughts on Our Changing Workplaces
July 2018
Every seasoned human resources professional is aware that “investigation is the new arbitration”. When addressing issues of all but the most serious and blatant misconduct, employers are now routinely counselled that if they shoot first and ask questions later, they do so at their peril.
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