• First Reference
  • About us
  • Contact us
  • Blog Signup 📨

First Reference Talks

Discussions on Human Resources, Employment Law, Payroll and Internal Controls

  • Home
  • About
  • Archives
  • Resources
  • Buy Policies
You are here: Home / Business / "Swipe card" records inadmissible to prove time theft

By Occasional Contributors | 2 Minutes Read November 23, 2017

"Swipe card" records inadmissible to prove time theft

An employee was terminated for time theft because his time cards did not align with the ‘swipe card’ records showing when he entered and exited the building. But did the employer collect the data in accordance with privacy laws?
time theftIn the recent arbitration decision Zellstoff Celgar Ltd. v. Public and Private Workers of Canada, Local 1, [2017] B.C.C.A.A.A. No. 53, an arbitrator excluded evidence obtained in breach of PIPA but allowed the employee’s admission against interest procured after being presented with the excluded evidence.
The employer terminated the grievor for time theft after learning his time cards did not align with the ‘swipe card’ records showing when the grievor entered and exited the building. The arbitrator accepted the union’s argument that employees were not notified the swipe card records would be collected and used by the employer, and therefore the data was collected contrary to PIPA and should not be admitted.
However, the arbitrator accepted the grievor’s admission of time card discrepancies was admissible, despite the confession having been procured after being confronted with the swipe card records.
The decision is not publicly available, but it is discussed in detail in a preliminary decision involving the termination of employment of two other employees under the same circumstances: Zellstoff Celgar Ltd. v. Public and Private Workers of Canada, Local 1, 2017 CanLII 55591 (BC LA).
The decision has some interesting implications for employers as it suggests they do not have an “at large” right to access their own records to impose discipline where the information can be considered “personal information” under PIPA, and employees are not specifically advised the records are being collected and used by the employer.
By Andres Barker, Greg Gowe’s Canadian Workplace WebSource

  • About
  • Latest Posts
Occasional Contributors
In addition to our regular guest bloggers, First Reference Talks blog published by First Reference, provides occasional guest post opportunities from various subject matter experts on the topics of human resources, employment/labour law, internal controls, information technology, not-for-profit, business, privacy, tax, finance and accounting, and accessibility in Canada among others. If you are a subject matter expert and would like to become an occasional blogger, please contact us. If you liked this post, subscribe to First Reference Talks blog to get regular updates.
Latest posts by Occasional Contributors (see all)
  • Ontario Court decision is first donor advised fund case and provides some certainty about DAFs - January 31, 2023
  • Corporations Canada and new transparency about federal non-profit corporations under the CNCA and new fees for certain documents - December 21, 2022
  • How much should a Canadian registered charity spend on administration? - November 30, 2022

Article by Occasional Contributors / Business, Finance and Accounting, Privacy / arbitration, employment, PIPA, privacy laws, termination, time theft

Share with a friend or colleague

Get the Latest Posts in your Inbox for Free!

Electronic monitoring

About Occasional Contributors

In addition to our regular guest bloggers, First Reference Talks blog published by First Reference, provides occasional guest post opportunities from various subject matter experts on the topics of human resources, employment/labour law, internal controls, information technology, not-for-profit, business, privacy, tax, finance and accounting, and accessibility in Canada among others. If you are a subject matter expert and would like to become an occasional blogger, please contact us. If you liked this post, subscribe to First Reference Talks blog to get regular updates.

Footer

About us

Established in 1995, First Reference is the leading publisher of up to date, practical and authoritative HR compliance and policy databases that are essential to ensure organizations meet their due diligence and duty of care requirements.

First Reference Talks

  • Home
  • About
  • Archives
  • Resources
  • Buy Policies

Main Menu

  • About First Reference
  • Resources
  • Contact us
  • 1 800 750 8175

Stay Connected

  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

We welcome your comments on our blog articles. However, we do not respond to specific legal questions in this space.
We do not provide any form of legal advice or legal opinion. Please consult a lawyer in your jurisdiction or try one of our products.


Copyright © 2009 - 2023 · First Reference Inc. · All Rights Reserved
Legal and Copyright Notices · Publisher's Disclaimer · Privacy Policy · Accessibility Policy