Marty Rabinovitch
by Marty Rabinovitch
Marty Rabinovitch is a Partner and Head of the Employment Law Group at Devry Smith Frank LLP. His practice focuses on representing employers with respect to issues which arise in the workplace. Marty has extensive employment litigation experience and provides legal services to both English- and French-speaking employers. Contact Marty.
As of 11 October 2022, employers in Ontario, Canada with at least 25 employees are required to have a written policy about electronic monitoring of employees.
Electronic monitoring software is typically used to surveil the attendance and productivity of those working from home. However, employees working in person will also be entitled to notice of any monitoring software.
The new legislation does not prohibit employers from using monitoring software, however they must have a policy which addresses the following, if they intend to electronically monitor employees:
When a new employee is hired, they must be provided with a copy of the policy within 30 days of their start date.
While there is a presumption that employees have a reasonable expectation of privacy, this presumption can be displaced through an employer’s policies.
There is no statutory recourse if an employee is of the view that the content of the policy or scope of monitoring is unreasonable. However, certain common law remedies may be available.
Employers should consider the following when drafting their policies:
GGI member firmDevry Smith Frank LLPToronto, CanadaT: +1 416 449 1400Law Firm Services
Devry Smith Frank LLP is a full-service Ontario-based Canadian law firm of over 70 lawyers. DSF has provided approachable, professional, and affordable service to its business, personal, and institutional clients since 1964.