In the modern workplace, privacy concerns are becoming more and more prevalent. Issues concerning privacy can be confronted in a variety of different mediums, such as e-mails, private messaging platforms, medical histories, background checks, as well as various surveillance mechanisms.
In Canada, there are some legislated requirements concerning certain types of surveillance. However, the law is unsettled and constantly evolving.
To confront privacy issues in the workplace appropriately, a policy must clearly outline procedures for dealing with, handling, and potentially keeping the private information of its employees. It is important for both the employer and the employee to know their rights and duties regarding private information and its use, in whatever medium they may encounter.
Privacy Concerns & Constructive Dismissal
Inappropriately violating an employee’s privacy may constitute a breach of the implied term of good faith and fair dealing by the employer. This, in turn, may constitute a constructive dismissal as the trust between the employer and employee may have vanished and will affect the employment relationship.
For example, a secret placing of a camera in a trusted employee’s office without the proper cause required may constitute as grounds for constructive dismissal. However, where there is a reasonable apprehension of abuse by an employee, this may constitute just cause for the placement of a surveillance device.
How can Zeilikman Law help?
If you have questions regarding a privacy concern in your workplace, contact one of our experienced employment lawyers today to set up a consultation to discuss your options.
At Zeilikman Law, we approach these issues with logical and creative solutions. Our lawyers are, professional, friendly, and determined. We have the know-how to navigate through the psychology of any given dispute.