Labour Notes - November 2012

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In This Issue:

- Workplace Confidential? Supreme Court Rules That Employees Have Right To Privacy Over Their Work Computer

- Q & A . . .2

- Progress of Legislation

..Federal . . . 3

..Ontario . . . 3

..Prince Edward Island . . .3

..Northwest Territories . . . 4

- Mitigation, Consideration and Litigation: Drafting Employment Contracts for Key Employees . . . . . . . . . 4

- Age Discrimination Isn’t Just Applicable in Firing Cases . . . . . 6

- Recent Cases . . . . . . 7

- The Economy . . . . . . 11

- Excerpt from Workplace Confidential? Supreme Court Rules That Employees Have Right To Privacy Over Their Work Computer:

Now what?

That’s the question many employers are asking themselves after the Supreme Court of Canada’s decision that employees charged with a criminal offences have a reasonable expectation of privacy over the contents of their work computers where personal use is permitted or reasonably expected.

In R. v. Cole, the Court heard the story of Richard Cole, a high school teacher who was found to have nude and partially nude photographs of a female student on his school issued laptop. The photos were saved to a disc and Cole’s laptop was confiscated. School board technicians subsequently copied a series of temporary Internet files from Cole’s laptop containing a large number of pornographic images to a second disc. The laptop and the two discs were ultimately turned over to the police, who, in the absence of a warrant, reviewed the discs and carried out their own search of the laptop. The police subsequently charged Cole with the criminal offences of possession of child pornography and unauthorized use of a computer.

Please see full Newsletter below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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