In a recent decision,1 an arbitration tribunal
found that video surveillance recordings and computer reports were
admissible as evidence. The evidence in question demonstrated that
an employee was committing time theft, justifying their
dismissal.
Background
In November 2018, a unionized employee, who had held various
positions since 2005 with the company operated by the employer
(hereinafter the “Employer”), was a janitor working in
a residence on the evening shift. To guarantee the safety of the
premises and residents, a surveillance camera was installed,
covering the residence's lobby and reception area. This
camera automatically activated upon detecting movement and shut
down after three (3) minutes of inactivity. Moreover, the reception
area was equipped with a computer, located behind the counter,
which screen was outside the camera's view.
