September 14, 2006, 12:30 p.m. EDT

Playback: Monday, September 18, 3:30 - 5pm

Simon Renouf

Union Counsel

Lyle Kanee

Union Counsel
Sack Goldblatt Mitchell

Walter Rilkoff

Management Counsel
Lawson Lundell

Some of the questions to be addressed:

• In what circumstances are video surveillance and monitoring of employees permitted at the workplace? At an employee’s home? In a public place? In a company vehicle?
• Before surveillance is undertaken is the employer obliged to establish a history of problems? Is it necessary to use other means of investigation before resorting to video surveillance? Is a general employee consent required to monitoring at the workplace?
• Which of the following concerns is a justification for surveillance: Theft? Vandalism? Security? Safety? Productivity? Malingering? Suspected fraud? Sick leave abuse?
• Does it make a difference if the video surveillance is overt or surreptitious? Restricted in the area covered? Short-term or indefinite? Discarded periodically or permanently stored? Used to correct a problem or as a basis for discipline?
• If surveillance is permissible for one purpose, e.g. security, can tapes be used for another, i.e. to prove misconduct?
• What elements should be set out in a company’s privacy policy regarding monitoring and surveillance?
• What forms of searches, surveillance or monitoring of employees are permitted: Use of video cameras? Personal searches? Searches of clothes, lockers or vehicles? Polygraph testing? Biometric identification (palm and iris scans)? GPS tracking, etc?
• Can employers monitor employees’ internet and e-mail usage? What constitutes internet/e-mail abuse, and when does it warrant discipline?
• What impact does privacy legislation have on monitoring and surveillance inside and outside the workplace? Can information obtained through video surveillance be disclosed to a third party?

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