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Dealing With Privacy in the New Workplace

HR Domains (Career GPS): Employee Relations; Organization Design & Development

Canadian HR ReporterThe modern workplace has a delicate balance between the privacy of employees and the right of the employer to oversee its workplace. New technologies and other factors can tip it one direction or another. Make sure your organization is finding the right balance.

  • Statutory and Common Law Overview of Workplace Privacy
    • Provincial v. Federal —  PIPEDA and Other Statutes
    • Common Law and The Right To Privacy
    • Do you have the right policy?
  • Workplace Policies, Surveillance and the Expectation of Privacy
    • Workplace Policies: Computer/Internet Use and how to deal with privacy issues
    • Monitoring Usage:  Limitations and Employees vs. Employer Rights
    • Detection and Investigation
    • R. v. Cole and review of case law
  • Social Media Background Checks and Conduct
    • Types of Background Checks – What can an employer check?
    • Privacy Concerns – Collection of Personal Information and Human Rights Concerns:
    • What to do with what you know
    • On- and Off-Duty Conduct — Is Privacy An Issue?
  • Case Update: Tort of Intrusion Upon Seclusion – Jones v. Tsige
    • Background Facts
    • Ontario Court of Appeal: Intrusion Upon Seclusion
    • What It Means and How to Assess Damages
  • Practical Advice: How To “Manage” to Stay Out Of Trouble

Presenters: Lorenzo Lisi and Jennifer Heath, Aird & Berlis LLP

Lorenzo Lisi has practiced exclusively in the area of labour and employment law for almost 25 years and has appeared before courts and administrative tribunals on behalf of employer clients, both provincially and federally. His areas of expertise include drafting of employment agreements, collective bargaining, human rights, mediation, wrongful and constructive dismissal defence, and grievance and labour board litigation, as well as responding to union organizing and applications for certification.

Lorenzo has served as a member of the Government Affairs Committee of the Human Resources Professionals Association and is regularly asked to speak and write on a variety of employment and labour law topics. He is also involved in the development and presentation of management training on a wide variety of topics, including human rights, union organizing defence strategies, strikes and lockouts,employment policies and procedures, and risk management.

Jennifer Heath practices commercial litigation with a focus on labour and employment law. She is a member of The Advocates’ Society, the Toronto Lawyers’ Association, and Young Women in Law.

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