Canadian Manufacturing

Talent Canada: Secret recording of co-workers cause for dismissal: B.C. court

A recent case from British Columbia confirms that secret recordings can lead to a dismissal with cause.

March 23, 2022   by John Hyde

Male eye and camera close-up. Recording to a hidden camera. Private detective with camera looks at a cleft. Espionage background. The concept of eavesdropping, espionage, gossip and the yellow press

A recent case from British Columbia confirms that secret recordings can lead to a dismissal with cause.

Many employees mistakenly assume that, just because it is not illegal to record a conversation, they can do so with impunity at work. The recent decision of Shalagin v Mercer Celgar Limited Partnership, 2022 BCSC 112 should disabuse them of that notion.

This is an important decision in workplace law, because it provides employers with a solid defence to a wrongful dismissal claim where “cause” is alleged against a terminated employee.

This article originally featured in Fruit & Vegetable Magazine. Read the full version here.

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