Estate Freezes and How They Work
We are often asked by clients for a simple, easy to understand, description of estate freezes and how they work. While this article endeavours to provide this, there are …
Read moreThis article was originally published in the September/October 2016 issue of the Surrey Board of Trade newspaper.
According to a recent court case, employers may be committing a breach of privacy by accessing their employees’ personal emails on workplace computers. As such, it is important for employers to have a computer policy in place to protect themselves.
In TeBaerts v Penta Builders Group Inc, the plaintiff was dismissed from her employment as a project consultant and account manager after 11 years. The plaintiff brought an action against her employer, claiming that the employer had committed a breach of privacy by accessing a personal email exchange between the plaintiff and her mother through her workplace computer.
In determining whether the employer has breached the plaintiff’s privacy, the Court considered whether the plaintiff had a reasonable expectation of privacy with respect to the use of her workplace computer. Specifically, the Court considered the following factors in deciding whether the employer had breached the plaintiff’s privacy:
The above factors established that the employer had a relaxed approach to the use of workplace computers, and that it was not reasonable for the plaintiff to expect absolute privacy with respect to the use of her workplace computer. As a result, the Court ruled in favour of the employer, finding that the employer had not committed a breach of privacy.
It is crucial for employers to have workplace computer policies in place. These policies will provide certainty to employers and employees regarding their rights and responsibilities. Further, workplace computer policies may prevent employers from becoming involved in legal disputes like the TeBaerts case. An experienced employment law lawyer can draft a workplace computer policy for your business. If you have questions about workplace computer policies, please call McQuarrie Hunter LLP at 604.581.7001 or visit our website by clicking here.
We are often asked by clients for a simple, easy to understand, description of estate freezes and how they work. While this article endeavours to provide this, there are …
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