Resources: Privacy + FOI
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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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“Investigation is the New Arbitration”: Thoughts on Our Changing Workplaces -
New Mandatory Data Breach Regulations
May 2018
The Canadian government has finally published regulations relating to mandatory privacy breach notification under the federal Personal Information Protection and Electronic Documents Act (PIPEDA). The new requirements will come into force on November 1, 2018.
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New Mandatory Data Breach Regulations -
What does the Cambridge Analytica Scandal Mean for Canadian Employers?
April 2018
Cambridge Analytica has been all over the news for the past couple of weeks. The consulting firm allegedly used the personal information of 50 million Facebook users, without their permission, for political purposes. What does this issue mean to Canadian employers?
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What does the Cambridge Analytica Scandal Mean for Canadian Employers? -
What does the Cambridge Analytica Scandal Mean for Canadian Employers?
April 2018
Cambridge Analytica has been all over the news for the past couple of weeks. The consulting firm allegedly used the personal information of 50 million Facebook users, without their permission, for political purposes. What does this issue mean to Canadian employers?
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What does the Cambridge Analytica Scandal Mean for Canadian Employers? -
Are Your Bullying and Harassment Policies and Procedures in Good Shape?
February 2018
It seems like every day a new story surfaces about allegations of sexual harassment against Hollywood elites and other celebrities. Each time, the online world erupts and anyone with a computer can have their say. Reputations can be destroyed in hours.
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Are Your Bullying and Harassment Policies and Procedures in Good Shape? -
The Need To Notify: Evidence Ruled Inadmissible Due To Privacy Violation
January 2018
The importance of providing notice to employees prior to collecting and using employee personal information is highlighted in Zelstoff Celgar Ltd. v. Public and Private Workers of Canada, Local 1 (Negreiff Grievance), [2017] B.C.C.A.A.A. No. 28 (Blasina).
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The Need To Notify: Evidence Ruled Inadmissible Due To Privacy Violation -
The Zellstoff Trilogy- Privacy v. Technology
December 2017
In the age of technology and data collection, there is, or can be, a digital footprint and record of virtually all employee activity.
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The Zellstoff Trilogy- Privacy v. Technology -
Arbitrator Determines that Employee Did Not Have Reasonable Expectation of Privacy When Using Work Computer to Run Charity
September 2017
In Toronto (City) v. CUPE, Local 79 (Wright Grievance), [2016] O.L.A.A. No. 445 (Misra), an Ontario arbitrator considered whether an employer can rely on documents obtained from an employee’s work computer to uphold the termination of her employment for using employer resources and time to run her own charity.
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Arbitrator Determines that Employee Did Not Have Reasonable Expectation of Privacy When Using Work Computer to Run Charity -
Do Employees Have an Expectation of Privacy in Their Text Messages?
September 2016
Information and evidence obtained from social media or electronic communications is playing an increasingly important role in the workplace, but employers must be conscious of employee privacy rights. As a result, the Ontario Court of Appeal’s recent decision regarding whether there is a reasonable expectation of privacy in sent text messages is of particular interest to employers.
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Do Employees Have an Expectation of Privacy in Their Text Messages? -
Is that “Confidential” Investigation Report actually Confidential?
May 2016
If not set up properly, that “confidential” investigation report may not be so confidential after all. An Ontario arbitrator has ruled that an investigation report prepared by a lawyer is not covered by solicitor-client or litigation privilege as a matter of right. In Durham Regional Police Association v Durham Regional Police Services Board, the arbitrator ordered production of an investigation report to the union which was dissatisfied with the employer’s handling of a harassment situation.
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Is that “Confidential” Investigation Report actually Confidential?