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The author distinguishes between the Supreme Court’s finding of a Constitutional right of personal privacy from governmental action and actions by private employers. “Instead of defining those rights, arbitrators assume…

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Monitoring of call center employees’ conversations and data about phone use and computer use data raise “right of privacy” issues. Judicial and legislative approaches to the issue are examined, as…

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The authors describe the usefulness of electronic surveillance, the judicial endorsement of its use (except where in violation of the ECPA), the constraint of “unreasonable search and seizure” for public…

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Use of the internet, including email, in the organized Canada workplace, the right of free speech, attacks on the public employer by an employee, and the right of privacy. The…

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The author describes the pernicious effects of performance monitoring on employees: its intrusiveness, the lack of notice afforded employees of its use and how the data gathered will be used,…

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The author notes a lack of legislation and common law for new forms of employee surveillance and monitoring, and proposes criteria for their use.

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