Recently, an accountant was ordered to repay her employer for engaging in time theft. In Besse v Reach CPA Inc., the employer submitted evidence via time-tracking software proving that the employee had engaged in time theft while working remotely.
Although Ontario is the only province with mandatory electronic monitoring requirements for employers under the Employment Standards Act (ESA), British Columbia recently had an interesting wrongful dismissal case in which employee time theft, remote work, and electronic monitoring intersected.
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?