Does An Employee Have A Reasonable Expectation Of Privacy When Using Their Work Computer To Run a Charity?

On November 21, 2016, an Ontario Labour Arbitrator, Gail Misra, was required to consider whether an employee's right to privacy in information that goes to their biographical core established by the Supreme Court of Canada in R. v. Cole extends to documents related to that employee's charity. In particular, the arbitrator had to determine whether the City could rely on these documents to terminate the grievor for cause.

The grievor, Sebrina Wright, was employed by the City of Toronto for two years between 2010 and 2012. She was terminated following a six week investigation into whether she used City resources and work time to manage and run her charity. Ms. Wright had also not disclosed that she was involved in the operation of a charity when she was hired by the City. In the course of the investigation, Ms. Wright initially denied using City resources for her charity other than during breaks, but subsequently admitted to greater use.