Arbitrator Determines That Employee Did Not Have Reasonable Expectation Of Privacy When Using Work Computer To Run Charity

In Toronto (City) v. CUPE, Local 79 (Wright Grievance), [2016] O.L.A.A. No. 445 (Misra), an Ontario arbitrator considered whether an employer can rely on documents obtained from an employee's work computer to uphold the termination of her employment for using employer resources and time to run her own charity.

Sebrina Wright (the "Grievor") was employed by the City of Toronto (the "Employer") from 2010 to 2012 as a case worker in its Employment and Social Services department. The Grievor was discharged following a six-week investigation into her use of City resources (her office computer) and time to manage and run a charity for underprivileged children called The Wright Place.