Dispute Resolution & Litigation
Understanding Substituted Service Under SCCR Rule 4-4(1): What You Need to Prove
Share: November 27, 2024 | By Divyanshu In legal proceedings, personal service…
Read moreThis article was originally published in the September/October 2016 issue of the Surrey Board of Trade newspaper.
According to a recent court case, employers may be committing a breach of privacy by accessing their employees’ personal emails on workplace computers. As such, it is important for employers to have a computer policy in place to protect themselves.
In TeBaerts v Penta Builders Group Inc, the plaintiff was dismissed from her employment as a project consultant and account manager after 11 years. The plaintiff brought an action against her employer, claiming that the employer had committed a breach of privacy by accessing a personal email exchange between the plaintiff and her mother through her workplace computer.
In determining whether the employer has breached the plaintiff’s privacy, the Court considered whether the plaintiff had a reasonable expectation of privacy with respect to the use of her workplace computer. Specifically, the Court considered the following factors in deciding whether the employer had breached the plaintiff’s privacy:
The above factors established that the employer had a relaxed approach to the use of workplace computers, and that it was not reasonable for the plaintiff to expect absolute privacy with respect to the use of her workplace computer. As a result, the Court ruled in favour of the employer, finding that the employer had not committed a breach of privacy.
It is crucial for employers to have workplace computer policies in place. These policies will provide certainty to employers and employees regarding their rights and responsibilities. Further, workplace computer policies may prevent employers from becoming involved in legal disputes like the TeBaerts case. An experienced employment law lawyer can draft a workplace computer policy for your business. If you have questions about workplace computer policies, please call McQuarrie Hunter LLP at 604.581.7001 or visit our website by clicking here.
Dispute Resolution & Litigation
Share: November 27, 2024 | By Divyanshu In legal proceedings, personal service…
Read moreShare: October 31, 2024 McQuarrie has been recognized in the 2025 edition of…
Read moreDispute Resolution & Litigation
We are excited to welcome Rajdeep Deol to our Dispute Resolution & Litigation team here at McQuarrie. With over 30 years of invaluable legal experience, Rajdeep brings e…
Read more