Video footage doesn’t prove vandalism

Surveillance caught employee hanging around vandalized time clock but didn't show intentional damage
|Canadian Employment Law Today|Last Updated: 03/12/2014

An Alberta arbitrator has reinstated a worker who was dismissed after the employer viewed video footage of him near a time clock that had been damaged.

Goran Miljevic, 50, was a meat cutter at a Safeway grocery store in Calgary. The store used a time recording system on which employees punched in and out of work, recording their hours on a weekly time card. Employees inserted their cards into a slot on the time clock to record their in and out times.

In early September 2012, the time clock was damaged by an unknown person. The store was able to get it running again without much trouble. Later that month, the clock once again wasn’t working when the assistant manager tried to punch in. He noticed a white, sticky residue on the top of the time clock’s slot, so he got the key and opened the box of the clock. Inside, the same substance was on the inside of the bottom of the clock cover and in the mechanism.