Can my employer use tracking devices?

Reports of a custodian’s termination in Alberta after refusing to download an app that would monitor his movements have sparked discussions concerning employee rights. As workplaces continue to evolve in regard to technological innovations and capabilities, employers and employees have had to adjust. What are employers legally permitted to ask from their employees? What rights do employees have to refuse to be monitored constantly?

Alex Lucifero, an Ottawa employment lawyer and Partner at Samfiru Tumarkin LLP joins Matt Harris on Newstalk 580 CFRA’s The Morning Rush to answer these questions and more.

What They Discussed

Are employers allowed to track their employees?

Generally, employers are permitted to track their employees particularly during work hours when employees are on the clock. Most employers that employ workers who are working remotely have implemented technology that ensures employees are productive.

Do employees have any recourse to refuse to be monitored by their employer?

Apps do have to abide by privacy legislation and protect employee rights. Employers cannot impose tracking devices without informing employees and giving notice. Employees have the right to receive reasonable notice of the change or agree to the terms if beginning new employment.

Can employees who work remotely and use personal devices refuse to be tracked by their employer?

Employees who use personal equipment can refuse to use tracking devices. Ultimately, an employer can terminate an employee for refusing to download the necessary apps or software as long as the proper severance is still offered to the employee. This would not be considered a termination for cause.