When video surveillance pays off

The issue of video surveillance of workers, and how courts and arbitrators have set the bar high for employers in proving this “extreme” step was necessary, has been covered extensively in past issues of Canadian Employment Law Today. The focus, though, has often been on cases where the video surveillance was conducted after hours in an attempt to catch an employee faking an injury.
|Canadian Employment Law Today

Two recent arbitration decisions out of Ontario give examples of video surveillance conducted during working hours. In both cases the employer used what it found to terminate workers and in both cases arbitrators allowed the videotape evidence and upheld the terminations.

Case one: Drinking on the job

The first case involved a worker at Ontario Engineered Suspensions Ltd. in Blenheim, Ont., who was fired after he was observed drinking alcohol on the company’s premises during working hours on Oct. 22, 2004.