Loss prevention versus employee rights: 'Context is very important, and you need to look at aggravating factors and mitigating factors as well'
Amazon has decided to reinstate metal-detector screening and personal phone registration at its U.S. warehouses, reigniting a longstanding debate about workplace theft prevention.
The measures were suspended during the pandemic, and are necessary to secure inventory and maintain safety, Amazon has said. However, the measures are also controversial, as employees have raised concerns and even sued for issues such as standing in line after shifts to pass through security, unpaid.
As Patrick Benaroche, senior partner at Stikeman Elliott in Montreal, explains, dealing with employee theft in Canada isn’t straightforward, and employers should strive to strike a balance between security, fairness and legal procedure.
Amazon's case reflects a common employer challenge: how to balance loss prevention with respect for employee rights.
Amazon's phone registration effort is one example of employers collecting personal data for theft control; as reported by Bloomberg, the measures will involve employees sharing six digits of their serial numbers and placing a sticker on their devices.
In Canada, such actions are governed by privacy and human rights laws.
“The employer is allowed to maintain safety and security in the workplace. In fact, it's an obligation,” Benaroche states. “Where we get into a gray...
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