Emerging technologies have equipped employers with novel methods of monitoring employees and tracking productivity. The panel will explore the permissibility of monitoring and surveillance in relation to employees’ privacy concerns and discuss recent cases addressing “time theft”. Specifically, the speakers will address the following questions:

• What constitutes employee “time theft”? How does “time theft” differ from a lack of productivity? Do employees’ intentions matter when determining if they committed “time theft”?
• What types of evidence can employers rely on to demonstrate “time theft” or productivity issues? Will circumstantial evidence suffice?
• How should an employer approach “time theft” and productivity concerns at a disciplinary meeting? Are employers required to provide advance notice of the dates and times in question? What is the union’s role in this process?

• What are consequences for employers that impose discipline due to “time theft” without properly considering or inquiring into an employee’s disability? How should unions support members with disabilities accused of “time theft”?
• What disciplinary measures have adjudicators and arbitrators deemed appropriate for “time theft”?
• How are adjudicators balancing an employer’s right to enforce productivity and an employee’s right to privacy? Does the scope of surveillance differ for remote workers?
• Are there any restrictions on how long employers can retain employee information gathered through surveillance? Can employers and adjudicators use previously collected data in a future dispute?
• How should workplace policies and collective agreements effectively address “time theft”?