confidentiality

When sharing is not caring: The high cost of breaching confidentiality

June 7, 2019 Rudner Law, Employment / HR Law & Mediation Employee Relations, Human Resources, Notice, Damages and Settlements, Payroll, Privacy and Security, 0

Only a very small percentage of disputes proceed all the way to a hearing or trial. The vast majority settle at some point, for reasons that are fairly well known. One of the key reasons in many cases is confidentiality; often, the parties want to avoid a public hearing and a published judgment that sets out all of the intimate details of the case, as well as the findings of the judge with respect to fault and blameworthiness.

breach of confidentiality, confidentiality, employment law, settlement agreements, termination of employment

Secret recordings in the workplace: A review of legal and practical consequences

July 14, 2017 Vey Willetts LLP Employee Relations, HR and Technology, Human Resources

While it may be legal to surreptitiously record your own workplace conversations, it is another question altogether as to whether it is a good idea. Canadian courts have acknowledged time and again that trust is at the heart of the employment relationship.

breach of confidentiality, code of conduct, confidentiality, digital ownership, duty of confidentiality, employment law, recordings, technology, termination, Termination process

Digital Privacy Act is now law

October 6, 2015 Employer Advisor, McCarthy Tétrault LLP Employee Relations, HR Policies and Procedures, Human Resources, Penalties and Fines, Privacy and Security, Training and Development

The Digital Privacy Act (Bill S-4) passed into law, introducing (among other things) significant fines and mandatory breach notification (not yet in force) into the Personal Information Protection and Electronic Documents Act (PIPEDA).

commercial activities, confidentiality, Digital Privacy Act, mandatory breach notification, personal information, personal information online, Personal Information Protection and Electronic Documents Act, PIPEDA, privacy breach, privacy policies, security safeguards.

Do you need a social media policy?

June 4, 2013 Michele Glassford Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Privacy and Security, Recruiting and Hiring

It is understandably frustrating for employers and human resources managers to try keep up with social media trends. It seems that as soon as employers (or anyone over the age of 25) has figured out the latest social media tool, the masses have moved on to the next one. Likewise it is almost impossible to amend or adapt a “social media” policy with each shift in trend.

conduct and behaviour, confidentiality, employee handbook, employment law, Google, human resources managers, invasion of privacy, job candidates, marketing strategy, offer of employment, online, policy and procedures, policy manual, privacy policy, recruiters, recruitment and selection policy, social media, social media policy, social media research of candidates, social media trends, social networking sites, workplace harassment

Hiring without hassles: recruiting and retaining the best employees while avoiding legal pitfalls and human rights issues

August 14, 2012 Marcia Scheffler Employment/Labour Standards, Human Resources, Human Rights, Privacy and Security, Recruiting and Hiring

“I’m the manager, I can hire anyone I want,” is a phrase that Human Resources professionals have heard many times. Employers do have every right to choose the employees that they want, but Human Resources professionals and legal counsel can help guide you through some of the legal and human rights issues regarding your obligations to applicants and throughout the recruitment process.

application forms, collective agreement, company policies and procedures, confidentiality, CV, decision process, Disability, discrimination, duty to accommodate, employment advertising, employment interviews, employment law, Employment testing, hiring process, Human resources professionals, interview process, Interview questions, job opportunities, Job posting requirements, job requirement, Labour Law, legal and human rights issues, legal counsel, Medical screening, obligations to applicants, Police checks, prohibited grounds, record keeping, recruitment process, resumes

Lack of facts doesn’t keep a good judge down

June 27, 2012 Earl Altman Employee Relations, Human Resources

In a recent decision from the Alberta Court of Queen’s Bench, the judge considered the rights of an employer to claim compensation for an employee who had allegedly stolen a business idea. The facts of the case are not unique; indeed, they arise frequently in the give-and-take between employer and employee.

Alberta, Breach of duty, breach of duty of confidence, confidential information, confidentiality, conflict of interest, duty of confidence, employment agreement, employment law, fiduciary duty, fiduciary obligation, Lac Minerals v. International Corona Resources Ltd., misappropriation of confidential information, reasonable man test, reasonable person, reasonableness

Employers discussing employee medical condition with other employees

November 3, 2010 Yosie Saint-Cyr, LL.B. Managing Editor Human Resources, Human Rights, Privacy and Security

In general, an employer, manager, supervisor or HR professional discussing an employee’s medical condition with other employees is just plain inappropriate…

accommodation, canadian employment law, confidentiality, Disability, Disclosing medical information, disclosure, discrimination, discussing an employee’s medical condition, duty to accommodate, employee medical condition, employment law, harassment

Superior court refuses employer’s request for injunction

July 6, 2010 Earl Altman Employment/Labour Standards, Human Resources

In yet another example of the reluctance of the Ontario Superior Court to restrict competitive activities of former employees, the Court rejected an employer’s request for an injunction…

common law, competitive activities of former employees, confidentiality, employee shareholder, employment contract, employment law, employment standards, irreparable harm, non-competition, non-solicitation, ontario, restrictive covenant, restrictive covenants, shareholder agreement, solicitating employer customers, termination

Privacy risk management – by design

June 10, 2010 Colin Braithwaite Human Resources, Privacy and Security

I’ve discussed the Privacy by Design principle before, in the Inside Internal Control newsletter. In case you don’t know, PbD is an approach developed by Dr. Ann Cavoukian, the Privacy Commissioner of Ontario, which proactively embeds privacy protection by default in the design of an organization’s practices and products.

confidentiality, employee personal information, PbD, PbD principles, personal information, privacy, privacy and risk management, privacy by design, Privacy Commissioner, privacy legislation