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The Other Side of the Balance: Employer Interests, Work Systems and R. v. Cole Privacy, Law and the Contemporary Workplace: New Challenges and Directions

Resource type
Author/contributor
Title
The Other Side of the Balance: Employer Interests, Work Systems and R. v. Cole Privacy, Law and the Contemporary Workplace: New Challenges and Directions
Abstract
In October 2012, the Supreme Court of Canada issued a decision much-anticipated by Canadian employers. In R. v. Cole,' it affirmed an Ontario Court of Appeal holding that a schoolteacher had a reasonable expectation of privacy in a work-issued laptop. Some hailed the ruling as a landmark. But does Cole signal a significant shift in workplace rights and obligations? This short essay - written from the perspective of counsel to employers - explains why the answer to this question is "no." Cole recognizes a significant new pri- vacy interest, but also establishes a strong foundation for continued employer access to information stored on work systems.
Publication
Canadian Labour and Employment Law Journal
Volume
18
Pages
459-466
Date
2014-2015
Journal Abbr
Canadian Lab. & Emp. L.J.
Language
en
Short Title
The Other Side of the Balance
Library Catalog
HeinOnline
Citation
Michaluk, D. (2014). The Other Side of the Balance: Employer Interests, Work Systems and R. v. Cole Privacy, Law and the Contemporary Workplace: New Challenges and Directions. Canadian Labour and Employment Law Journal, 18, 459–466. https://allaboutinformation.ca/2012/12/08/the-other-side-of-the-balance-employer-interests-work-systems-and-r-v-cole/