Video surveillance a tough sell in court

Courts and arbitrators have set the bar fairly high when it comes to using video surveillance to monitor a worker’s private life. Employers are often tempted to hire private investigators to conduct video surveillance of a worker on disability it suspects isn’t really injured. After all, the costs of disability are onerous. Canadian National Railway (CNR) recently used video surveillance against one of its workers in Winnipeg, using what it found to fire a worker who was on the job for 25 years.
|Canadian Employment Law Today

But an arbitrator said the company had no justification to use video surveillance, that the evidence it gathered was anything but conclusive and ordered CNR to hire the worker back, awarding back pay and full seniority.

What happened to the worker?

Dennis Rudney was a car mechanic employed by CNR in Winnipeg. He was fired for the accumulation of demerit points after he was assessed 20 demerit points for allegedly performing physical activities at home which were incompatible with the physical restrictions placed on him by his family doctor.