Time Theft and Tracking Employees: 640 Toronto Interview with Sandy Chen

Interview Summary

An accountant in B.C. after termination attempted to sue her employer for wrongful dismissal. The Civil Resolution Tribunal, however, ordered the employee to instead pay her former employer for time theft. Should employees working remotely be worried about tracking software? How is “time theft” defined in Canada?

Sandy Chen, a Vancouver employment lawyer and  Senior Associate at Samfiru Tumarkin LLP spoke to John Oakley on 640 Toronto to answer these questions and more.

Interview Notes

• Issue of time theft at workplaces: This case, in particular, is interesting as often, time theft is often pursued as a counter-suit by employers.
• Tracking employee software: As more workplaces have begun to introduce remote work or a hybrid work model, many employers have also implemented tracking software to monitor productivity. Employers are within their rights to do so however, they are obligated to inform employees that the software has been implemented, and what information is being collected and what it will be used for. Employers do not need the permission of employees to implement tracking software.
• Terminating an employee for cause: The accountant in B.C. was fired for cause by her employer and so was not owed any severance pay. It is very difficult for most employers to prove termination for cause. Employers would have to prove that escalated disciplinary action was taken as well as gross misconduct on the part of the employee.
• Tracking devices at the physical workplace: In a traditional workplace there are devices and software that tracks employee behaviour and productivity while at the workplace.
• Behaviour deemed fraudulent by employee: Employees can be criminally charged with theft and forced to pay additional damages as a result of time theft. It is a very high standard for employers to prove an attempt to defraud.