‘Reasonable’ standard for video surveillance

The employer had videotape surveillance of a worker it felt was abusing sick leave. The union objected to its introduction. The arbitrator decided the issue on the test of reasonableness, not relevance, but allowed the evidence nonetheless.
By Mark Rogers
|Canadian Labour Reporter|Last Updated: 07/01/2011

Fired for allegedly misrepresenting the nature of injuries that she claimed were preventing her from attending work, a hotel laundry worker grieved.

At the outset of the hearing, the employer stated its intent to present video surveillance evidence documenting the off-hours activities of the grievor.

The union objected.