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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 compulsory production of electronic communications is discussed.

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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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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 employees, and the admissibility of such evidence and of workplace searches in cases of employee misconduct (even where the evidence is obtained in violation of …

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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 is the consistent recognition by arbitrators of management’s right to monitor and obtain data on work performance. Professor Westin notes that monitoring can be abused, …

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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, and the fairness of standards applied to the data. Monitoring is viewed as “bad working conditions, bad management, and bad labor relations.”

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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 that they will know them when they see them…” The reasonable expectation of privacy of public employees will yield to reasonable grounds for suspecting that …

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