Howard Levitt: The consequences of secretly recording in the workplace via financialpost
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Returning to Jeff’s conundrum, he concludes he is part of the conversation during his annual review and is on the right side of the law in recording his conversation with his boss. Unfortunately, the low bar of whether something is legal under the Criminal Code does not necessarily equate to it being a good idea and it may be cause for his discharge.
In the British Columbia case of Shalagin vs. Mercer Celgar Ltd., the court found that such surreptitious recordings amounted to just cause. However, in an even more recent case from Alberta, Rooney vs. GSL Chevrolet Cadillac Ltd., the court took a more nuanced view and just cause was not found. The court noted the employee’s action in recording conversations was justified because the employer “exerted its power over Mr.
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