Jumping the gun on employee surveillance can shoot down your case
This article was reprinted with permission from Northern Exposure, a blog written by lawyers in the Labour, Employment and Human Rights Group at the law firm of Fasken Martineau and produced in conjunction with HRHero.com. You can read more Northern Exposure blog posts plus Fasken’s weekly bulletin, “The HR Space”. Fasken Martineau is one of the world’s leading international business law and litigation firms.
When confronted with information that an employee may be abusing paid sick leave, it is only natural for an employer to want to investigate further. One way in which employers may do this is through surreptitious surveillance of the employee. However, a recent arbitration decision in British Columbia shows the potential price tag where an employer acts precipitously in engaging in employee surveillance and then subsequently relies on the surveillance when disciplining or discharging the employee.
For more information on whether or not this is legal, plus a real-life example, read the full article