Can employees refuse to download tracking apps?

After news of a custodian’s termination due to a refusal to download the Tattleware tracking app has reached the public, concerns have been made regarding employer requests and employees’ rights to privacy. What are employers legally permitted to monitor? Can an employee refuse to be tracked?

Lior Samfiru, an employment lawyer and co-founding Partner at Samfiru Tumarkin LLP joins Global News Radio’s 630 CHED to answer questions regarding employee rights and tracking apps.

What They Discussed

How common are tracking apps? Is this becoming a recurring issue in employment law?

As technology has evolved, tracking apps are a lot more common. Employers have always sought to ensure employees are behaving in an appropriate manner and are productive during work hours.

Do employees have to install tracking apps if asked by their employers?

Employers are within their rights to ask employees to download tracking devices and apps. However, apps can potentially track other aspects such as an employee’s location outside of their work hours. The problem lies with the data that is collected not during work hours. Employers cannot require employees to download tracking apps later on in the employment relationship if it was not initially established and a term of employment in their contract.

If an employee is given a device by their employer can they refuse to download a tracking app?

If the device is given by the employer, there is more ability for the employer to decide what apps are installed.

Are there limitations to what employers can track during work hours?

Employers are permitted to track locations during regular working hours. The concern for many employees is the data that is collected by monitoring apps and what is done with the data outside of work parameters.

Is compensation a consideration for employees regarding data and tracking apps?

Compensation is another consideration that factors into whether or not an employee can be forced to download the app. Employers can offer to compensate employees for the additional cost but cannot insist on the application and must inform the employee at the start of employment.