Employment lawyer on privacy rights while working from home

Interview Summary

Many businesses adopted working from home and hybrid work arrangements as a result of the pandemic. In order to monitor employees’ productivity while working from home, employers often tracked their employees electronically. New legislation proposed by the Ontario government could force employers to make their employees aware that they are being tracked. What will this mean for employee privacy rights?

Alex Lucifero, an Ottawa employment lawyer and managing partner at Samfiru Tumarkin LLP joined CTV Morning Live Ottawa to answer this question and more on employee rights.

Interview Notes

If this surveillance legislation passes, how will it impact employees in Ontario?

The legislation proposed by the provincial government ensures that employers have to inform their employees that they are being tracked. The current proposal is not detailed and as yet does not specify how privacy rights will be protected.

Are there benefits to tracking employees electronically?

It is expected that there is a degree of supervision in an employment relationship between an employer and an employee. In the physical workplace, there is implicit supervision that is made more difficult when employees are working remotely. There are questions of productivity while employees are working from home however, surveillance should be as minimally invasive as possible.

Can employees argue that they work more efficiently from home to their employers?

Employees should speak to their employers regarding their concerns however it is important to remember that employees who previously worked at the workplace, can be recalled back to the office. Employers do have the right to request employees return to the office. Depending on individual circumstances, the legality of changes to an employee’s position will also differ.

Has the workforce fundamentally changed as a result of the pandemic?

In most industries, employment laws have not changed which can be a good thing as they are largely protective of employee rights. New legislation could make employee rights more robust.