Consequences of Falsely Claiming Overtime: Employment Lawyer on 640 Toronto

Interview Summary

According to an internal labour ministry investigation, inspectors were found to be falsely claiming overtime hours and pay while engaging in personal activities. This conclusion was drawn due to a tracking device installed on an inspector’s vehicle. What consequences can employees face for time theft and false overtime claims? Do regular employers have the right to track employees?

Fiona Martyn, a Toronto employment lawyer and Associate at Samfiru Tumarkin LLP spoke to Kelly Cutrara on 640 Tonroto to answer these questions and more on employee obligations.

Interview Notes

• Fired due to false claims: Employees that are found to have filed false claims of overtime in a union will have to file a grievance and consider their collective bargaining agreement. Non-unionized employees, however, can be terminated by their employers for any reason as long as adequate severance pay is offered. While it is typically difficult to terminate an employee “for cause” in Ontario, private sector employees that have engaged in willful misconduct could be exempt from severance.
• Tracking an employee leads to termination: Employers are entitled to track their employees during work hours. Employee tracking can include software while an employee works remotely, or a GPS tracker on a company car. Tracking an employee’s behaviour can lead to evidence in order to terminate an employee.
• Ontario employee tracking legislation: In Ontario employers are obligated to inform their employees if they are being electronically monitored if their workplace has more than 25 employees. This legislation ensures employers are permitted to track employees during work hours, and not in an employee’s personal time.