Thursday, November 1, 2007
12:30 p.m. - 2:00 p.m. EDT
Playback: Monday, November 5, 3:30 p.m. - 5:00 p.m. EST

Pamela Chapman

Arbitrator/Mediator

Ritu Khullar

Union Counsel
Chivers Carpenter

Michael Sherrard

Employer Counsel
Sherrard Kuzz

ISSUES:

As arbitrators continue to debate whether employees have any legal "right" to privacy against their employers, court decisions recognizing a common law tort of invasion of privacy, coupled with new privacy legislation, have pushed the law forward. In this special audio conference, expert practitioners and arbitrators examine the latest decisions from arbitrators, courts and privacy commissioners dealing with the enforcement of privacy rights in the workplace. Topics will include:

• When are privacy violations actionable and/or arbitrable? When are employers liable for a third party's breach of an employee's privacy rights?

• Damages for privacy violations: What principles guide courts, tribunals and arbitrators? How much money is a privacy violation worth, according to the latest case law?

• The role of privacy commissions: What powers do commissions have? How have the courts treated privacy commissioners' decisions on judicial review? When, if ever, does a privacy commissioner's decision give rise to substantive remedies?

• Video surveillance evidence: What do the latest arbitration decisions say about admissibility of surveillance evidence under privacy legislation? Can employers rely on video surveillance evidence collected by third parties such as the workers’ compensation board? When can employers use security camera footage as evidence to support discipline?

• Computer monitoring: Can employers monitor employees' internet and e-mail usage? Do employees have a reasonable expectation of privacy in relation to workplace e-mail? What approaches have arbitrators adopted toward the admissibility of evidence obtained through computer monitoring?

• New monitoring technologies: What does the latest case-law say about GPS tracking, call logging software, voice recognition software, and similar technologies?

• Biometrics: In which circumstances have arbitrators and tribunals allowed the employer to introduce biometric identification systems? In which circumstances have employee's privacy objections prevailed?

$195, plus GST (Registrations must be paid in advance of the audio conference). Registration costs are per listening site/telephone, so you can have any number of people listening at your location for one low price. Click here for registration information.