Canada: Employee Surveillance

The continuous development of more sophisticated and cheaper technology effectively permits companies to have constant connectivity to their equipment, allowing management to monitor the use and allocation of company assets in virtual real-time. The installation of GPS tracking and other telematic devices provides not only the location of equipment, but also movement, gas usage, speed, distance and route travelled.

The information that is obtained from the introduction and use of this technology is often invaluable to fleet management services for both asset allocation and planned maintenance. There are also very important bottom line financial benefits in the utilization and application of such tracking data. Simply put, it enables companies that manage large truck fleets, particularly those which constantly move and/or work at remote sites, to maximize the time the equipment is in the field and minimize the cost of operation. By imposing optimal route and driving techniques, fuel costs are managed, wear and tear is limited and efficient maintenance programs can be followed. Ultimately, downtime is reduced and productivity can be increased.

However, what is not lost on the employees utilizing this equipment is that the information obtained by the company through its telematic devices also provides information on the employees who directly use that equipment. The same data that bolsters productivity also discloses how fast the employee has been driving, deviations from the optimal route and other "unexpected" conduct. It would not be surprising to human resources professionals that employees balk at having "big brother" monitoring their movement, notwithstanding that they are using company property. Consequently, companies can face employee morale issues when implementing telematics tracking devices as well as legal privacy and policy questions, particularly as it relates to unionized environments when changes to employer policy and practice are introduced. Any company that intends to implement and utilize telematics or GPS systems must understand that, regardless of the business and economic circumstances that led to introducing such technology to their company fleet, it will only be a matter of time before the GPS data discloses or confirms improper conduct on the part of their employees that could lead to discipline or even termination.

For example, has the company considered what their response will be when it reviews telematic data to determine productivity and fuel costs, but comes to the conclusion that a particular driver appears to regularly engage in non-permitted use of company equipment? Maybe the driver is using the company vehicle for unauthorized personal use; or there appears to be long and regular periods of unexplained downtime; or fuel expenses claimed simply do not match equipment usage. Will the company want or be able to rely upon telematics and GPS information to support decisions relating to discipline and even termination?

The labour relations answer, generally, is yes on both counts. When faced with evidence of misconduct (potentially even theft), it is going to be very difficult and bad precedent for such behaviour to be ignored or tacitly condoned. Both the Ontario Labour Relations Board and labour arbitrators have accepted and allowed employers to rely on relevant and accurate GPS and telematics data as evidence in arbitration and termination proceedings related to an employee's breach of policy and/or misuse of company assets.

Unions have generally been unsuccessful in seeking to prohibit the introduction of such technology onto company equipment or otherwise limit the ability of an employer to rely on such evidence when it is used to support decisions relating to discipline. Provided there is no provision in the collective agreement precluding the introduction of such technology or limiting the company use of data, the employer has the right to manage the use of its assets and the performance of employees. A company simply doesn't have to have a supervisor ride along with every driver.

Similarly, an employee's "right to privacy" is limited in the workplace, particularly where the behaviour under scrutiny is related to workplace performance and utilization of company assets. Provided that there is a causal link between the information obtained and the employee's actions, either because it occurred on company time and/or is related to the use of company assets, it is unlikely that the employee's "privacy" will outweigh the company's legitimate business interests in the circumstances. There is likely to be no distinction made between information that could have been obtained directly from a supervisor witnessing an employee arriving late to the workplace or telematics data which provides the same information.

Technology has and will continue to augment supervision of employees in the modern workplace. However, any company that introduces new technology must understand that it can come with a human resources price. While the company may be within its legal and collectively bargained right to utilize and rely on such information for surveillance, discipline and even termination, employee morale will undoubtedly suffer in the short run knowing that the company can "see them" anytime. More importantly, employers must be realistic and not make promises to not use such data for human resources purposes as that promise will likely be difficult to honour. Companies should understand the impact on employees when weighing the benefits of this new and growing technology.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

In association with
Related Topics
Related Articles
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions