Tag: Surveillance

WSIB Decision Determines Employer Not in Breach of Re-Employment Obligations After Terminating Employee Who Misrepresented Extent of Workplace Injuries

· 4 min read

In a recent decision, the Workplace Safety and Insurance Board (WSIB) clarified Policy 19-02-09, (Re-employment Obligations) (the Policy), which outlines conditions under which employers must re-employ workers who are unable to work due to work-related injuries or illnesses.

Arbitrator Provides Guidance for Employers Managing Commute to Work Accommodation Requests, Self-Reported Medical Restrictions, and Surveillance Evidence

· 5 min read

In Toronto District School Board v Local 4400, Canadian Union of Public Employees, Arbitrator Stout dismissed an allegation of disability-related discrimination and failure to accommodate in the context of a commute to work. The case elaborates on the reasoning of Arbitrator Nyman in Ontario Secondary School Teachers’ Federation and Toronto District School Board, Grievance #…

Employer’s Use of Video Surveillance in Fire Station Reasonable When Addressing a Serious Safety Concern

· 4 min read

Arbitrator Sheehan has affirmed that an employer may install and operate video surveillance in a workplace where it has legitimate and serious concerns about safety issues. In this arbitration, a firefighters’ Association grieved the installation of cameras at two fire stations. It argued, among other things, that the requirement that the employees be subject to…

Covert Surveillance Guidelines for Federally Regulated Employers

· 3 min read

On May 27, 2009 the Office of the Privacy Commissioner of Canada issued an OPC Guideline Document: “Guidance on Covert Video Surveillance in the Private Sector”. The Guideline Document outlines the Commissioner’s recommendations to private sector organizations engaging in covert surveillance in the course of commercial activity, as well as to federally regulated employers engaging…

Information & Privacy Post – Volume-3, Number-1

· 35 min read

In this issue Canadian e-discovery enters next era FREEDOM OF INFORMATION – EXCEPTIONS – PRIVILEGE FREEDOM OF INFORMATION – EXCEPTIONS – UNJUSTIFIED INVASION OF PERSONAL PRIVACY FREEDOM OF INFORMATION – FREEDOM OF THE PRESS PRIVACY – ACCESS TO PERSONAL INFORMATION PRIVACY – APPLICATION, EXCLUSIONS AND MATTERS OF JURISDICTION PRIVACY – COLLECTION USE AND DISCLOSURE –…