Employment lawyer on 900 CHML discusses employee monitoring

Interview Summary

Employers in Ontario with over 25 employees as of October 2022 will have to have an electronic monitoring policy in place. As part of Bill 88, this legislation aims to provide more transparency for employees who have been largely working from home during the pandemic. Are there any disadvantages to these policies? Will employee privacy rights be infringed upon?

Mackenzie Irwin, a Toronto employment lawyer and Associate at Samfiru Tumarkin LLP joins Scott Thompson on 900 CHML to answer these questions and more.

Interview Notes

• Employees unaware of employer tracking: This legislation does not address what employers can and cannot monitor but the purpose of Bill 88 appears to be about transparency. Employers will have to be transparent with their employees when they are being monitored and how as well as what the data is used for.
• Tracking employees and privacy rights: There are certain software programs that track employee mouse movement throughout the day as well as various other tracking apps. As long as employers have advised their employees that they are being tracked and that they do not have a right to privacy while using company devices, and that intrusion is minimal, it is permissible for employers to do so.
• Using work or company devices: Many employers do not have the ability or capacity to track employees and should be letting their employees know of that fact. Employees who are using work devices, such as a phone or laptop, should assume that they are being monitored and only use these devices for work purposes.
• Average employee awareness and knowledge after Bill 88: Within 30 days employees should receive their employer’s policies and be aware of how and when they are being monitored as well as what the information is being used for. This legislation does not offer employees more rights or a way to complain about their employers tracking. Employees should note that despite information possibly being used to terminate their employment, they will likely still be owed severance pay.