Employee Must Repay Employer for Time Theft: 980 CKNW Interviews Vancouver Employment Lawyer

Interview Summary

An accountant in B.C. was recently terminated and attempted to sue her employer for unpaid wages. After the dispute was resolved, the remote worker was ordered by the province’s Civil Resolution Tribunal to pay her employer for “time theft”.

What is time theft and what are the repercussions for employees working remotely?

Sandy Chen, a Vancouver employment lawyer and Senior Associate at Samfiru Tumarkin LLP spoke to Ben O’Hara-Byrne on 980 CKNW to answer these questions and more.

Interview Notes

• Civil Resolution Tribunal decision: The tribunal typically deals with small-level cases and most individuals are not legally represented. This time theft case has shed some light on the distinction between time theft and employee activity during regular work hours.
• Frequency of employers suing employees: Employers generally do not sue employees for time theft unless it is brought as a counter-claim to an employee. The employee in this particular case seems to have triggered a reaction from their employer as a case was brought forth initially for unpaid wages.
• Employee tracking software: Tracking software implemented by an employer is legally permitted. In most cases, employers are obligated to inform employees if tracking software has been implemented due to the information collected. In this particular case, the employee was asked to explain discrepancies in the data collected by the tracking software
• Employment laws for remote work arrangements: There have been a few cases regarding time theft that have led to a court ruling. The law seems to suggest that there is a difference between employees wasting regular work hours by browsing the internet occasionally, and intent to steal time by an employee and record hours fraudulently.
• Employee concerns about time theft and remote work: It is very uncommon for time theft to be pursued by an employer as it is difficult to prove in a court of law by an employer. There are many reasons that tracking software, despite working remotely, might not accurately depict an employee’s behaviour and work habits. This case is unique and is unlikely to set a precedent for other cases regarding time theft.
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