In recent years, there has been an increase in the prevalence of
employees secretly recording conversations in the workplace. While
it is not unlawful for a conversation to be recorded when only one
person is aware that the recording is being taken, the undisclosed
recording of conversations can raise privacy concerns. The recent
decision of the Supreme Court of British Columbia
in Shalagin v Mercer Celgar Limited Partnership, 2022
BCSC 112 serves as a reminder that just because the act of secretly
recording conversations is not unlawful, that does not mean the
same action cannot be cause for termination. Further, when an
employee's secret recording of workplace conversations is
discovered after an employee's dismissal, employers may be
able to avoid liability for the termination by establishing
after-acquired cause for termination.
