Sandy Chen on employee rights while working from home

Interview Summary

As more employees across the province and country continue to work from home, questions regarding privacy and whether or not employees can be tracked by their employers have arisen. What are employers permitted to monitor? Can employees refuse to download tracking apps?

Sandy Chen, a Vancouver employment lawyer and Associate at Samfiru Tumarkin LLP speaks with Mike Smyth on Global News Radio 980 CKNW to answer these questions and more.

Interview Notes

Can an employer put spyware on a computer to track an employee?

British Columbia’s privacy legislation does offer protection from employees if tracking devices are not reasonable and applies to an employee working from home. Employers do have the right to manage a workplace and can potentially be permitted to use software to track employee’s browsing behaviour, email usage, etc.

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• Can employees refuse to download tracking apps?
• Can my employer use tracking devices?

Does an employer have to disclose if they have put tracking software on an employee’s device?

An employer would have to inform an employee that tracking software has been downloaded even if the device is not a personal device. Employees who have been asked to download tracking software on their personal devices can refuse the request unless it was an initial term of employment they agreed to. Employees have a right to know what data is being collected and how it is being used.

Do employees have the right to continue working remotely?

Employers have the right to request employees return to the office. Employees who refuse to do so can be considered to have resigned from their position. Employees who were told by their employers, they could work from home indefinitely during the pandemic, can potentially use this as a reason to request to remain work remotely.

Could there be a shift in workplace culture as a result of working remotely?

Many employees have expressed interesting in continuing to work from home as there seems to be a better work-life balance and less time spent commuting to the office.

Are more employers considered a permanent work-from-home model?

More employers are considered a remote workplace as there are benefits financially to employees working from home.

Will there be more out-sourcing of work if employees work remotely?

Employers cannot significantly decrease an employee’s compensation without their consent, it is potentially a constructive dismissal. Employees who are let go due to out-sourcing are still entitled to severance.