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ARTICLE · 19 MAY 2015

Employer Is Not Vicariously Liable For A Rogue Employee's Privacy Breach

Borden Ladner Gervais LLP
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Two employees were working together in a government department. One employee, ("Employee X"), looked at employment insurance file of a co-worker who was on sick leave ..

CanadaPrivacy
Roberto Ghignone
Roberto Ghignone
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Ontario Public Service Employees Union v. Ontario (Grievor Grievance), LAX/2015-147; [2015] O.G.S.B.A. No. 48.

Two employees were working together in a government department. One employee, ("Employee X"), looked at employment insurance file of a co-worker who was on sick leave, ("Ms. M"), during working hours but without a work related reason. In reviewing the file, Employee X found out that Ms. M had exhausted her entitlement to employment insurance.

Employee X also disclosed this information to a fellow employee who then reported the matter to the employer. After an investigation, the Employer determined that Employee X had accessed Ms. M's records twice on the same day and on no other occasions. Employee X was then given a fifteen-day suspension.

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