Time Theft and Employee Tracking: 980 CKNW Interviews Employment Lawyer

Interview Summary

A woman in B.C. was recently terminated by her employer and then ordered by a tribunal to pay her employer for time theft. What is time theft and what should employees be aware of as more workplaces shift to a hybrid work model? Can employers monitor employees in order to prove they have committed time theft?

Dan Balkaran, a Vancouver employment lawyer and Associate at Samfiru Tumarkin LLP spoke to Jill Bennett on 980 CKNW to answer these questions and more on employee rights and employer obligations.

Interview Notes

• Definition of time theft: Time theft refers to when an employee is supposed to be working but is instead preoccupied with other activities during regular work hours.
• Employee monitoring software: Employers are permitted to implement employee tracking or monitoring software. Many jobs hire employees in a remote work arrangement and have decided to track employee productivity. There is nothing inherently illegal about the software itself, however, employees are within their rights to refuse and work elsewhere.
• Activities prohibited during work hours: Employers are within their rights to decide whether certain activities are not permitted during work hours, such as streaming shows. Employees should note that there will be different types of software implemented in order to track activity and the context and situations matter.
• Employee and employer perspectives: As more tracking software is available and implemented, and cases of time theft are being brought forth, employees should consider their daily activities and conduct. It is vital for employees to be honest and open with their employers and continue to fulfill their responsibilities as outlined in their contracts.
• Options to get around the system: Employers should be realistic about their expectations from employees as many workplaces shift to a remote work or hybrid-work model. It is also important to note that it is a historically tight labour market and employees have more options available regarding employment prospects.
• Returning to the office: There are advantages for employers to have remote work models due to the reduction in overhead costs. In most cases, workplaces have adopted a hybrid work arrangement that allows employers and employees to ensure flexibility and compromise.
• Compromise between employers and employees: Employees should note that this decision was implemented by the CRT and is not binding on any other level of court. In this situation, the individual employee admitted to fraud and time theft. In most cases, employees that are terminated will be owed severance pay by their employers. It is very difficult for employers to prove termination for cause.