Workplace privacy is an evolving and somewhat muddy area of law. In Ontario, our key employment law statutes, the Employment Standards Act and the Occupational Health and Safety Act, are silent on the issue of privacy. Yet surveillance is ubiquitous.
The presence of video cameras in the workplace, as well as other measures of surveillance put in place by employers, have generated considerable commentary in recent years in Quebec. Administrative and civil tribunals are increasingly called upon to rule on the legality of these measures which are increasingly accessible to employers, as well as to assess their probative value in the context of the administration of evidence.
A recent investigation and ruling by Human Resources and Skills Development Canada ("HRSDC") has found that OC Transpo, the public transit operator in Canada's capital city, is not doing enough to protect its bus drivers from workplace violence as required under the CLC.