In a recent decision, an arbitration tribunal found that video surveillance recordings and computer reports were admissible as evidence. The evidence in question demonstrated that an employee was committing time theft, justifying his dismissal.
In November 2018, a unionized employee, who had held various positions since 2005 with the company operated by the employer, was a janitor working in a residence on the evening shift. To guarantee the safety of the premises and residents, a surveillance camera was installed, covering the residence’s lobby and reception area. This camera automatically activated upon detecting movement and shut down after three minutes of inactivity. Moreover, the reception area was equipped with a computer, located behind the counter, whose screen was outside the camera’s view.
On Nov. 27, 2018, the employee was summoned by the employer and confronted about certain concerns regarding his time management at work, which had been captured by the camera on a number of occasions. Essentially, the images showed the employee spending a significant amount of time at the reception computer. In response, the employee tried to downplay the facts and justify his actions by claiming that he had been performing “security-related duties” for the residence.
Faced with his attitude of denial, on Nov. 29, 2018, the employer decided to dismiss the employee for time theft.
In situations such as this, the employer’s burden of proof is twofold....
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