Confidentiality And Misconduct Considerations Related To Employee Workplace Recordings

In this Update

• In Hart v. Parrish & Heimbecker, Limited [2017] MBQB 68 (Hart), the trial judge considered an employee's secret recordings with senior management in the context of a wrongful dismissal action
• The trial judge held that the plaintiff's use of his cell phone to secretly record these meetings amounted to a breach of his confidentiality and privacy obligations to the employer
• The decision in Hart appears to be the first reported decision in which a judge of a common law court in Canada has considered secret recordings of meetings by employees in the context of a wrongful dismissal case
• It is important for employers to ensure that its confidentiality and privacy policies and procedures address the issues relevant to the workplace and are reviewed periodically