Resources: Privacy + FOI

  • Safety v. Privacy: Finding the Balance with Video Surveillance

    March 2019

    by Jacqueline D. Gant

    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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    Safety v. Privacy: Finding the Balance with Video Surveillance
  • Oh No That Is Our Employee In the Headlines!

    February 2019

    by Gregory J. Heywood

    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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    Oh No That Is Our Employee In the Headlines!
  • Candour in the Context of Employment References: A Review of Kanak v. Riggin, 2018 ONCA 345

    November 2018

    The Ontario Court of Appeal recently upheld an important lower court finding that employers can be shielded from liability for giving negative employment references.

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    Candour in the Context of Employment References: A Review of Kanak v. Riggin, 2018 ONCA 345
  • “Investigation is the New Arbitration”: Thoughts on Our Changing Workplaces

    July 2018

    by Gavin Marshall

    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

    by Keri L. Bennett

    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

    by Keri L. Bennett

    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

    by Keri L. Bennett

    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

    by Danny Bernstein

    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

    by Jacqueline D. Gant

    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

    by Gavin Marshall

    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